CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCAB adopted the WCJ's report, finding that reconsideration would be an adequate remedy if the matter proceeds to a final decision. The underlying issue involves an applicant's statutory right to appeal an Independent Medical Review decision, a matter appropriate for an evidentiary hearing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The WCAB adopted the WCJ's report, finding that reconsideration would be an adequate remedy if the matter proceeds to a final decision. The underlying issue involves an applicant's statutory right to appeal an Independent Medical Review decision, a matter appropriate for an evidentiary hearing.
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