Spring Palmer — ADJ11404924

Defendant Cypress Insurance Company filed a timely Petition for Removal challenging two pre-trial orders issued by the WCJ on December 30, 2021, which denied defendant's request for continued discovery and set the matter for trial. Defendant argued it was denied due process because it was not permitted to depose or re-depose the Neurology, Psychology, and Orthopedic QMEs regarding alleged inconsistent statements applicant made about her injuries. The Appeals Board, applying the standard that removal is an extraordinary remedy, found defendant failed to show substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board noted defendant could still raise its arguments about developing the record at trial, where the WCJ could order additional discovery if warranted. The Petition for Removal was denied.