CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as it was not filed against a final order, which is a prerequisite for reconsideration under Labor Code Section 5900. Additionally, the Board denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for such an extraordinary remedy. The applicant's request to take the claim off calendar was based on a newly discovered heart attack potentially related to industrial hypertension, but the Board found these arguments insufficient to justify removal. Therefore, both the dismissal of reconsideration and the denial of removal stand.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration as it was not filed against a final order, which is a prerequisite for reconsideration under Labor Code Section 5900. Additionally, the Board denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm required for such an extraordinary remedy. The applicant's request to take the claim off calendar was based on a newly discovered heart attack potentially related to industrial hypertension, but the Board found these arguments insufficient to justify removal. Therefore, both the dismissal of reconsideration and the denial of removal stand.
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