CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm will result, and reconsideration will not be an adequate remedy. The Board adopted the WCJ's report, finding that the defendant failed to demonstrate such prejudice or harm regarding the setting of the case for trial. The defendant's own inaction in completing discovery was deemed the cause of any delay, and the trial judge can address further discovery needs at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm will result, and reconsideration will not be an adequate remedy. The Board adopted the WCJ's report, finding that the defendant failed to demonstrate such prejudice or harm regarding the setting of the case for trial. The defendant's own inaction in completing discovery was deemed the cause of any delay, and the trial judge can address further discovery needs at trial.
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