What the panel ordered
Petition for removal granted, June 22, 2021 Order rescinded, matter returned to trial level for further proceedings.
Petition for removal of the June 22, 2021 Order closing discovery and setting the matter for trial was granted, rescinding the WCJ's decision and returning the matter to the trial level for further proceedings.
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.
Applicant was prejudiced by the premature setting of the trial without sufficient time to complete discovery, especially regarding Covid-19 transmission and workplace outbreaks, warranting removal and further proceedings.
From the decision · page 1Applicant1 seeks removal of the June 22, 2021 Order closing discovery and setting this matter for trial on August 23, 2021.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant did not complete discovery and did not have sufficient time to complete reasonable discovery before trial was set.