Wallace, Cleveland

Defendant County of Monterey (P.S.I., administered by Intercare Holdings) filed a Petition for Removal challenging a WCJ's order regarding further development of the medical record. The WCAB denied removal, finding that defendant failed to demonstrate substantial prejudice or irreparable harm that would result from the non-final discovery order. The Board reasoned that the WCJ and Appeals Board have discretionary authority to develop the record when the medical evidence is not substantial, and that the cost of additional medical-legal discovery does not constitute irreparable harm since defendants are responsible for such costs under the Labor Code. The Board also noted that if a final adverse decision ultimately issues, reconsideration would provide an adequate remedy.