CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal of an order setting the matter for trial. The defendant argued discovery was incomplete, but the Board found no substantial prejudice or irreparable harm warranting this extraordinary remedy. The Board reasoned that the trial process itself will allow for the development of a record and the raising of all issues, including further discovery needs. Therefore, removal was denied as reconsideration would be an adequate remedy after a full hearing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal of an order setting the matter for trial. The defendant argued discovery was incomplete, but the Board found no substantial prejudice or irreparable harm warranting this extraordinary remedy. The Board reasoned that the trial process itself will allow for the development of a record and the raising of all issues, including further discovery needs. Therefore, removal was denied as reconsideration would be an adequate remedy after a full hearing.
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