CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that removal is an extraordinary remedy not warranted here. The applicant sought to stop a bifurcated trial on the defendant's post-termination defense, arguing discovery was incomplete. The Board concluded that proceeding to trial allows for record development and that the applicant would not suffer prejudice, as the defendant bears the burden of proving the injury date for their defense. Reconsideration will be an adequate remedy if the applicant is ultimately dissatisfied after trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that removal is an extraordinary remedy not warranted here. The applicant sought to stop a bifurcated trial on the defendant's post-termination defense, arguing discovery was incomplete. The Board concluded that proceeding to trial allows for record development and that the applicant would not suffer prejudice, as the defendant bears the burden of proving the injury date for their defense. Reconsideration will be an adequate remedy if the applicant is ultimately dissatisfied after trial.
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