CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed a Petition for Removal filed by the defendant. The petition was dismissed because it was untimely, as it was filed on December 3, 2018, beyond the November 13, 2018 deadline for seeking removal of the WCJ's October 19, 2018 Findings and Order. The WCAB emphasized that filing with the Board, not just mailing, is required to meet the deadline. Furthermore, even if timely, the petition would likely have been denied due to a lack of demonstrated prejudice.
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