CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted applicant Elizabeth Lewis's Petition for Removal, rescinding an administrative law judge's order that set the case for trial and closed discovery. The WCAB found that applicant would suffer substantial prejudice and irreparable harm because her counsel, recently substituted, inadvertently failed to object to the Declaration of Readiness to Proceed. This failure, coupled with the apparent need for further discovery, justified the extraordinary remedy of removal, returning the matter to the judge for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted applicant Elizabeth Lewis's Petition for Removal, rescinding an administrative law judge's order that set the case for trial and closed discovery. The WCAB found that applicant would suffer substantial prejudice and irreparable harm because her counsel, recently substituted, inadvertently failed to object to the Declaration of Readiness to Proceed. This failure, coupled with the apparent need for further discovery, justified the extraordinary remedy of removal, returning the matter to the judge for further proceedings.
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