CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified, a requirement under WCAB Rule 10843(b). The defendant sought to rescind an order closing discovery and continuing the case to trial, alleging due process violations. Even if the petition had been properly verified, the WCAB would have denied it on its merits. The WCAB also noted that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for removal because it was unverified, a requirement under WCAB Rule 10843(b). The defendant sought to rescind an order closing discovery and continuing the case to trial, alleging due process violations. Even if the petition had been properly verified, the WCAB would have denied it on its merits. The WCAB also noted that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate.
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