Home/Case Law/Corey Nakatani vs. Los Alamitos Racetrack, Tristar Management
Regular DecisionRemoval Petition

Corey Nakatani vs. Los Alamitos Racetrack, Tristar Management

Filed: Apr 07, 2009
San Francisco
ADJ6531287

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to rescind an order taking the case off calendar for further medical discovery. The applicant argued that the defendant waived objections by not timely objecting to his readiness to proceed and that their subsequent objection lacked good cause. The Board found no substantial prejudice to the applicant from the delay, especially since he had returned to work and had prior relevant cases. Therefore, the petition was denied to allow both parties to adequately develop the record.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to rescind an order taking the case off calendar for further medical discovery. The applicant argued that the defendant waived objections by not timely objecting to his readiness to proceed and that their subsequent objection lacked good cause. The Board found no substantial prejudice to the applicant from the delay, especially since he had returned to work and had prior relevant cases. Therefore, the petition was denied to allow both parties to adequately develop the record.

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Corey Nakatani vs. Los Alamitos Racetrack, Tristar Management (2009) – San Francisco | CompFox