CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found the defendant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would not be an adequate remedy. The Administrative Law Judge had only set aside the order approving the Compromise and Release, not the agreement itself, and the applicant's petition for reconsideration was timely filed. Therefore, removal was deemed unnecessary as the underlying settlement remains subject to the applicant's burden of proof.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The Board found the defendant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would not be an adequate remedy. The Administrative Law Judge had only set aside the order approving the Compromise and Release, not the agreement itself, and the applicant's petition for reconsideration was timely filed. Therefore, removal was deemed unnecessary as the underlying settlement remains subject to the applicant's burden of proof.
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