What the panel ordered
Petition for Removal granted; discovery closed; matter returned to trial level for trial setting
Petition for Removal of June 28, 2021 Minute Order granted, discovery closed, matter returned to trial level for trial setting
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 WCAB found that discovery should be closed at the MSC date per Labor Code section 5502(e)(3) and granted the petition for removal to close discovery and return the matter to trial level for trial setting.
From the decision · page 2Labor Code section 5502(e)(3) provides: "Discovery shall close on the date of the mandatory settlement conference. Evidence not disclosed or obtained thereafter shall not be admissible unless the proponent of the evidence can demonstrate that it was not available or could not have been discovered by the exercise of due diligence prior to the settlement conference."
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.