CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's report. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board agreed with the WCJ that the defendant's arguments regarding discovery and alleged lack of notice were insufficient to warrant removal, as reconsideration would be an adequate remedy. The Board noted that the applicant's potential unawareness of a hearing was a weak excuse, but still appropriate grounds for rescheduling the settlement conference.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the WCJ's report. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The Board agreed with the WCJ that the defendant's arguments regarding discovery and alleged lack of notice were insufficient to warrant removal, as reconsideration would be an adequate remedy. The Board noted that the applicant's potential unawareness of a hearing was a weak excuse, but still appropriate grounds for rescheduling the settlement conference.
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