Robert Jones — ADJ13967400

Defendant in this workers' compensation matter sought removal of a January 26, 2022 Order in which the WCJ denied eight petitions to quash third-party subpoenas duces tecum because defendant failed to attach meet and confer declarations required by Code of Civil Procedure section 2025.410(c), and noticed an intent to impose sanctions. The WCJ later vacated the sanctions notice, leaving only the denial of the petitions to quash at issue. The WCJ recommended granting removal and 'deeming' WCAB Rule 10640 amended to conform to the 2004 Civil Discovery Act amendments to Labor Code section 5710. The Appeals Board granted removal but declined to resolve the broader question, finding the evidentiary record (largely confined to pleadings) insufficient to address numerous unresolved issues regarding how the Code of Civil Procedure discovery provisions interact with the Title 8 WCAB discovery rules. The Board rescinded the January 26, 2022 decision and returned the matter to the trial level for development of the record and further decision by the WCJ.