GUILLERMO VARGAS HERNANDEZ vs. COURTYARD AT SHERMAN OAKS, EMPLOYERS PREFERRED INSURANCE COMPANY, EMPLOYERS INSURANCE GROUP

The Workers' Compensation Appeals Board (WCAB) denied defendant Courtyard at Sherman Oaks' Petition for Removal. Defendant sought to remove an order denying their petition to dismiss the applicant's case for lack of prosecution. The WCAB found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. The applicant had shown good cause by stating they wished to proceed with discovery and not have the case dismissed, satisfying the requirements for denying dismissal.