CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that the WCJ's report adequately addressed the defendant's arguments. Specifically, the Board inferred that the applicant's attorney had filed an application in 2008, and the lack of a case number was due to a clerical error, not a lack of jurisdiction.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that the WCJ's report adequately addressed the defendant's arguments. Specifically, the Board inferred that the applicant's attorney had filed an application in 2008, and the lack of a case number was due to a clerical error, not a lack of jurisdiction.
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