CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant Francisco Bautista's Petition for Removal, which sought to rescind a prior order continuing his case. Bautista argued the defendant waived their right to a qualified medical evaluator due to lack of diligence and sought to have the case set for trial. The Board found Bautista failed to demonstrate substantial prejudice or irreparable harm required for removal, noting reconsideration would be an adequate remedy. Additionally, the Board admonished Bautista's attorney for an insufficient declaration of readiness to proceed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant Francisco Bautista's Petition for Removal, which sought to rescind a prior order continuing his case. Bautista argued the defendant waived their right to a qualified medical evaluator due to lack of diligence and sought to have the case set for trial. The Board found Bautista failed to demonstrate substantial prejudice or irreparable harm required for removal, noting reconsideration would be an adequate remedy. Additionally, the Board admonished Bautista's attorney for an insufficient declaration of readiness to proceed.
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