CompFox AI Summary
The Appeals Board denied the defendant's Petition for Removal because the case had already proceeded to trial and was submitted for decision, making reconsideration an adequate remedy after a final WCJ order. The defendant's argument that California lacked jurisdiction due to an employment contract clause was not raised until after discovery closed and the trial date was set. The WCAB emphasizes that issues regarding jurisdiction can and should be raised during reconsideration following a WCJ decision, not through a premature petition for removal at this stage.
Full Decision Text1 Pages
The Appeals Board denied the defendant's Petition for Removal because the case had already proceeded to trial and was submitted for decision, making reconsideration an adequate remedy after a final WCJ order. The defendant's argument that California lacked jurisdiction due to an employment contract clause was not raised until after discovery closed and the trial date was set. The WCAB emphasizes that issues regarding jurisdiction can and should be raised during reconsideration following a WCJ decision, not through a premature petition for removal at this stage.
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