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Regular DecisionOpinion and Order

GERALD MAYES vs. BIG LOTS; SEDGWICK CMS

Filed: Dec 28, 2011
San Francisco
ADJ1260866 (LAO 0864160) ADJ985895 (LAO 0864161)

CompFox AI Summary

The Applicant, Gerald Mayes, sought removal of a trial setting order, arguing the defendant's readiness declaration was insufficient and his medical condition had significantly worsened post-AME. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal. This dismissal was primarily based on the applicant's failure to verify the petition, a mandatory requirement. Even if verified, the WCAB would have denied the petition as the applicant failed to demonstrate irreparable harm or significant prejudice.

Full Decision Text1 Pages

The Applicant, Gerald Mayes, sought removal of a trial setting order, arguing the defendant's readiness declaration was insufficient and his medical condition had significantly worsened post-AME. The Workers' Compensation Appeals Board (WCAB) dismissed the petition for removal. This dismissal was primarily based on the applicant's failure to verify the petition, a mandatory requirement. Even if verified, the WCAB would have denied the petition as the applicant failed to demonstrate irreparable harm or significant prejudice.

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