Home/Case Law/DANIEIGH KLEIN (Deceased) RICHARD KLEIN II (Widow) vs. HANGTOWN CHEVRON FOOD MART, SAFECO LOS ANGELES
Regular Decisionnull

DANIEIGH KLEIN (Deceased) RICHARD KLEIN II (Widow) vs. HANGTOWN CHEVRON FOOD MART, SAFECO LOS ANGELES

Filed: Feb 01, 2011
San Francisco
ADJ6990856, ADJ2473330

CompFox AI Summary

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal in case ADJ2473330 due to a clerical error. In case ADJ6990856, the Board denied the defendant's Petition for Removal, upholding the WCJ's denial of the defendant's motion to dismiss the death benefit claim. The defendant sought to dismiss the claim based on the statute of limitations (Labor Code § 5406), but the Board found that a dismissal without trial is impermissible, and the defendant failed to demonstrate substantial prejudice or irreparable harm to justify removal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board dismissed the defendant's Petition for Removal in case ADJ2473330 due to a clerical error. In case ADJ6990856, the Board denied the defendant's Petition for Removal, upholding the WCJ's denial of the defendant's motion to dismiss the death benefit claim. The defendant sought to dismiss the claim based on the statute of limitations (Labor Code § 5406), but the Board found that a dismissal without trial is impermissible, and the defendant failed to demonstrate substantial prejudice or irreparable harm to justify removal.

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