CompFox AI Summary
The Workers' Compensation Appeals Board denied Francisco Orozco's Petition for Removal seeking to rescind an order taking his case off calendar. Orozco argued the order was based on non-compliance with Labor Code section 4061(i), which he contended was unconstitutional and violated due process. The Board found removal was an extraordinary remedy not warranted here as Orozco failed to demonstrate substantial prejudice or irreparable harm, and the Board lacks the authority to declare statutes unconstitutional.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Francisco Orozco's Petition for Removal seeking to rescind an order taking his case off calendar. Orozco argued the order was based on non-compliance with Labor Code section 4061(i), which he contended was unconstitutional and violated due process. The Board found removal was an extraordinary remedy not warranted here as Orozco failed to demonstrate substantial prejudice or irreparable harm, and the Board lacks the authority to declare statutes unconstitutional.
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