CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought dismissal of the applicant's claim based on a collective bargaining agreement's alternative dispute resolution (ADR) provisions. The Board found insufficient evidence regarding the operative eligibility letter for the ADR plan at the time of the applicant's injury. The case is returned to the trial level to determine if the defendant can provide the necessary documentation to establish the ADR plan's applicability and warrant dismissal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought dismissal of the applicant's claim based on a collective bargaining agreement's alternative dispute resolution (ADR) provisions. The Board found insufficient evidence regarding the operative eligibility letter for the ADR plan at the time of the applicant's injury. The case is returned to the trial level to determine if the defendant can provide the necessary documentation to establish the ADR plan's applicability and warrant dismissal.
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