CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Varela v. SMM Facilities, Inc. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration is not an adequate remedy. The Board found that the defendant failed to demonstrate either of these conditions, as their due process rights were satisfied by the WCJ's consideration of their arguments against a change of venue. Therefore, the petition was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Varela v. SMM Facilities, Inc. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm would result from denial, and reconsideration is not an adequate remedy. The Board found that the defendant failed to demonstrate either of these conditions, as their due process rights were satisfied by the WCJ's consideration of their arguments against a change of venue. Therefore, the petition was denied.
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