CompFox AI Summary
The defendant filed a petition for removal from an order setting the matter for trial, advocating for case consolidation and a summary dismissal of their petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's recommendation. The WCAB stated that removal is an extraordinary remedy, requiring proof of substantial prejudice or irreparable harm, which the defendant failed to demonstrate, and that reconsideration would be an adequate remedy if an adverse final decision is reached. The Board also noted that parties would have ample opportunity to create a record and address consolidation at trial, while reminding the defendant that demurrers or summary judgments are not permitted in these proceedings.
Full Decision Text1 Pages
The defendant filed a petition for removal from an order setting the matter for trial, advocating for case consolidation and a summary dismissal of their petition. The Workers' Compensation Appeals Board (WCAB) denied the petition, agreeing with the WCJ's recommendation. The WCAB stated that removal is an extraordinary remedy, requiring proof of substantial prejudice or irreparable harm, which the defendant failed to demonstrate, and that reconsideration would be an adequate remedy if an adverse final decision is reached. The Board also noted that parties would have ample opportunity to create a record and address consolidation at trial, while reminding the defendant that demurrers or summary judgments are not permitted in these proceedings.
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