GENERAL SMITH vs. LOS ANGELES UNIFIED SCHOOL DISTRICT; Permissibly Self-Insured, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's Petition for Reconsideration because the WCJ's order to proceed to trial is not a final order. The WCAB also denied the applicant's Petition for Removal, finding no evidence of significant prejudice or irreparable harm. The WCJ had previously overruled the applicant's objection to setting the case for trial after it had been pending for over four years with multiple prior court appearances. The WCAB adopted the WCJ's reasoning that removal is an extraordinary remedy requiring a showing of substantial prejudice, which was not demonstrated here.