CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. Removal is an extraordinary remedy reserved for cases where substantial prejudice or irreparable harm would result if not granted, and reconsideration would be an inadequate remedy. The WCAB found no such prejudice or harm, also noting the applicant's attorney violated procedural rules by attaching previously filed documents. Furthermore, the applicant's attorney failed to demonstrate diligence in pursuing necessary medical evaluations, leading the WCAB to uphold the judge's decision to set the matter for trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. Removal is an extraordinary remedy reserved for cases where substantial prejudice or irreparable harm would result if not granted, and reconsideration would be an inadequate remedy. The WCAB found no such prejudice or harm, also noting the applicant's attorney violated procedural rules by attaching previously filed documents. Furthermore, the applicant's attorney failed to demonstrate diligence in pursuing necessary medical evaluations, leading the WCAB to uphold the judge's decision to set the matter for trial.
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