CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Martinez v. Rose Hills Company. The Board found that the defendant failed to demonstrate substantial prejudice or irreparable harm as required for removal, which is an extraordinary remedy. The defendant's contentions regarding the need for further deposition and a PQME report were addressed, with the Board concluding that reconsideration would be an adequate remedy if a final adverse decision issues. The case remains set for trial before a Workers' Compensation Judge.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal in the case of Martinez v. Rose Hills Company. The Board found that the defendant failed to demonstrate substantial prejudice or irreparable harm as required for removal, which is an extraordinary remedy. The defendant's contentions regarding the need for further deposition and a PQME report were addressed, with the Board concluding that reconsideration would be an adequate remedy if a final adverse decision issues. The case remains set for trial before a Workers' Compensation Judge.
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