CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the judge's decision not to include permanent disability as a trial issue. Removal is an extraordinary remedy granted only for substantial prejudice or irreparable harm, neither of which was demonstrated here. The judge correctly followed Labor Code §4061(i) by not allowing permanent disability as a trial issue since no Qualified or Agreed Medical Evaluator reports were yet available. The applicant's filings and discovery appropriately focused on temporary disability, consistent with the statute.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the judge's decision not to include permanent disability as a trial issue. Removal is an extraordinary remedy granted only for substantial prejudice or irreparable harm, neither of which was demonstrated here. The judge correctly followed Labor Code §4061(i) by not allowing permanent disability as a trial issue since no Qualified or Agreed Medical Evaluator reports were yet available. The applicant's filings and discovery appropriately focused on temporary disability, consistent with the statute.
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