Home/Case Law/HIPOLITO FIGUEROA vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECRUITY FUND, Administered By METRO RISK MANAGEMENT
Regular DecisionRegular Panel Decision

HIPOLITO FIGUEROA vs. MAINSTAY BUSINESS SOLUTIONS, CALIFORNIA SELF-INSURERS' SECRUITY FUND, Administered By METRO RISK MANAGEMENT

Filed: Oct 02, 2016
Marina Del Rey
ADJ7809907

CompFox AI Summary

The Workers' Compensation Appeals Board denied lien claimant PharmCo's petition for removal, which sought to overturn an administrative law judge's order denying their request for medical reports and a continuance. PharmCo claimed prejudice and irreparable harm, but the Board found they failed to demonstrate this. The Board cited PharmCo's late filing of their lien and lack of action after defendant's readiness to proceed as reasons for denying the petition, adopting the WCJ's recommendation. Removal is an extraordinary and rarely granted remedy requiring a showing of significant prejudice or irreparable harm.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied lien claimant PharmCo's petition for removal, which sought to overturn an administrative law judge's order denying their request for medical reports and a continuance. PharmCo claimed prejudice and irreparable harm, but the Board found they failed to demonstrate this. The Board cited PharmCo's late filing of their lien and lack of action after defendant's readiness to proceed as reasons for denying the petition, adopting the WCJ's recommendation. Removal is an extraordinary and rarely granted remedy requiring a showing of significant prejudice or irreparable harm.

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