Home/Case Law/DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY
Regular Decision

DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY

Filed: Aug 20, 2018
Pomona
ADJ3967688 (MON 0358312)

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied David Smythe's Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that Smythe failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse final decision is issued. Therefore, the Board concluded that removal was not warranted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied David Smythe's Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that Smythe failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse final decision is issued. Therefore, the Board concluded that removal was not warranted.

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DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY (2018) – Pomona | CompFox