Home/Case Law/CARLOS RACINE vs. MENZIES AVIATION GROUP, XL INSURANCE C/O GALLAGHER, BASSETT SERVICES, INC.
Regular DecisionRegular Panel Decision

CARLOS RACINE vs. MENZIES AVIATION GROUP, XL INSURANCE C/O GALLAGHER, BASSETT SERVICES, INC.

Filed: Mar 30, 2016
Marina Del Rey
ADJ8 431296; ADJ8441244

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, affirming the WCJ's decision to take the case off calendar. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that reconsideration would be an adequate remedy if an adverse decision ultimately issues. Given the age of the case and the utilization of Agreed Medical Examiners, the Board expects prompt cooperation for resolution.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, affirming the WCJ's decision to take the case off calendar. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that reconsideration would be an adequate remedy if an adverse decision ultimately issues. Given the age of the case and the utilization of Agreed Medical Examiners, the Board expects prompt cooperation for resolution.

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CARLOS RACINE vs. MENZIES AVIATION GROUP, XL INSURANCE C/O GALLAGHER, BASSETT SERVICES, INC. (2016) – Marina Del Rey | CompFox