CompFox AI Summary
The applicant sought removal of a Notice of Hearing alleging prejudice from a full-day trial instead of an expedited hearing for his admitted industrial injury to the psyche and stress. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy requiring a showing of irreparable harm. The WCAB found that the scheduled trial was justified by the complexity and witness testimony, and an expedited hearing was not guaranteed to be earlier. Therefore, the applicant failed to demonstrate significant prejudice or irreparable harm.
Full Decision Text1 Pages
The applicant sought removal of a Notice of Hearing alleging prejudice from a full-day trial instead of an expedited hearing for his admitted industrial injury to the psyche and stress. The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy requiring a showing of irreparable harm. The WCAB found that the scheduled trial was justified by the complexity and witness testimony, and an expedited hearing was not guaranteed to be earlier. Therefore, the applicant failed to demonstrate significant prejudice or irreparable harm.
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