What the panel ordered
Petition for removal granted; prior order taking matter off calendar rescinded; discovery closed; matter returned to trial level for further proceedings and final decision by WCJ.
Defendant filed a third petition for removal after the WCJ vacated submission and ordered the matter off calendar to allow further record development.
This docket was decided more than once. Shown here is the latest released decision; we also hold August 15, 2022.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Board balanced the duty to develop the record with the parties' obligation to exercise due diligence and found that the medical record was not developed despite ample opportunity, justifying removal and closure of discovery.
From the decision · page 1Defendant has filed a petition for removal, requesting that the appeals board rescind the Order dated October 6, 2021, wherein the workers' compensation administrative law judge (WCJ) vacated submission and ordered this matter off calendar to allow the parties to develop the record.