CompFox AI Summary
The Appeals Board denied defendant's Petition for Removal of a trial setting order because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant argued trial should be delayed for further discovery, specifically a vocational expert evaluation, after rejecting applicant's earlier settlement proposal. The Board found that defendant's concerns about discovery can be addressed by the trial judge, and no immediate harm warrants removal. Therefore, the matter will proceed to trial as scheduled.
Full Decision Text1 Pages
The Appeals Board denied defendant's Petition for Removal of a trial setting order because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. Defendant argued trial should be delayed for further discovery, specifically a vocational expert evaluation, after rejecting applicant's earlier settlement proposal. The Board found that defendant's concerns about discovery can be addressed by the trial judge, and no immediate harm warrants removal. Therefore, the matter will proceed to trial as scheduled.
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