Home/Case Law/ERIKA CASTRO vs. SUNALP LASER VISION, UNINSURED EMPLOYERS BENEFIT TRUST FUND
Regular DecisionRemoval

ERIKA CASTRO vs. SUNALP LASER VISION, UNINSURED EMPLOYERS BENEFIT TRUST FUND

Filed: Aug 30, 2017
Fresno
ADJ10261158

CompFox AI Summary

The Workers' Compensation Appeals Board denied Sunalp Laser Vision's petition for removal of an order appointing an Independent Medical Evaluator. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that the administrative law judge can address the issue at trial and that reconsideration of a final adverse decision would be an adequate remedy. Therefore, the petition for removal was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Sunalp Laser Vision's petition for removal of an order appointing an Independent Medical Evaluator. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board found that the administrative law judge can address the issue at trial and that reconsideration of a final adverse decision would be an adequate remedy. Therefore, the petition for removal was denied.

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ERIKA CASTRO vs. SUNALP LASER VISION, UNINSURED EMPLOYERS BENEFIT TRUST FUND (2017) – Fresno | CompFox