CompFox AI Summary
The Workers' Compensation Appeals Board denied the Petition for Removal filed by the defendant, City of Hope National Medical Center. The Board emphasized that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm is proven, or when reconsideration is an inadequate remedy. In this case, the Board found that the defendant failed to demonstrate such harm, and issues related to discovery had already been preserved for trial. Additionally, the Board admonished the defendant's attorneys for attaching over one hundred pages of exhibits to the petition, noting that such a practice, amounting to a request for judgment on the pleadings, is not permitted in workers' compensation matters.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Petition for Removal filed by the defendant, City of Hope National Medical Center. The Board emphasized that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm is proven, or when reconsideration is an inadequate remedy. In this case, the Board found that the defendant failed to demonstrate such harm, and issues related to discovery had already been preserved for trial. Additionally, the Board admonished the defendant's attorneys for attaching over one hundred pages of exhibits to the petition, noting that such a practice, amounting to a request for judgment on the pleadings, is not permitted in workers' compensation matters.
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