Easterly, Sheri

Applicant Sheri Easterly sustained an industrial injury on December 19, 2017 to her head, neck, hearing, right shoulder, right hip, and vestibular system. The dispute centered on discovery, specifically defendant's petition to quash the deposition of a former claims examiner, Corinne Ruzzo, and applicant's effort to depose her treating physician. At a January 25, 2024 status conference, the WCJ denied defendant's petition to quash the Ruzzo deposition and allowed defendant to depose Dr. Schweller only if conducted before the WCJ. Defendant sought removal arguing due process violations because the order issued without an opportunity to make a record or present evidence. The Appeals Board granted removal, finding no adequate record was made and no agreement to submit the issue at the conference, and rescinded the order, returning the matter to the trial level.