CompFox AI Summary
The Applicant sought removal of an order suspending action on a Compromise and Release (C&R) that was mistakenly filed. The Applicant argued the WCJ erred, as both parties agreed the C&R should be stricken to allow for voluntary arbitration, but the WCJ's pending order blocked this. The Appeals Board denied the Petition for Removal, finding no significant prejudice or irreparable harm as no action was taken on the C&R. The Board clarified that upon remand, parties can jointly withdraw the C&R or seek disapproval, then request arbitration.
Full Decision Text1 Pages
The Applicant sought removal of an order suspending action on a Compromise and Release (C&R) that was mistakenly filed. The Applicant argued the WCJ erred, as both parties agreed the C&R should be stricken to allow for voluntary arbitration, but the WCJ's pending order blocked this. The Appeals Board denied the Petition for Removal, finding no significant prejudice or irreparable harm as no action was taken on the C&R. The Board clarified that upon remand, parties can jointly withdraw the C&R or seek disapproval, then request arbitration.
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