Grupe Co. v. Workers' Compensation Appeals Board

Respondent Ruby Ridgeway, while working for petitioner Grupe Company (Grupe) as a computer operator, injured her upper extremities and neck and was awarded temporary disability payments. Petitioner Ace USA (Ace) provided workers’ compensation insurance coverage for Grupe. Grape and Ace’s petition to terminate temporary disability was granted. A Workers’ Compensation Appeals Board judge (WCJ) found Ridge-way suffered from a permanent partial disability of 39 percent and awarded future medical treatment and attorney fees. In so finding, the WCJ struck the testimony of Ridgeway’s vocational rehabilitation expert as violating a discovery order. Ridgeway filed a petition for reconsideration. After granting the petition, respondent Workers’ Compensation Appeals Board (WCAB) issued a decision after reconsideration, finding Ridgeway’s expert’s opinion was admissible and remanding the matter for further development of the medical record.

Petitioners appeal, contending: (1) Ridgeway violated the discovery order, and her expert’s opinion should not be considered; (2) petitioner Ace should not be required to pay costs because of the violation of the discovery order; (3) the medical…