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The Appeals Board denied Applicant's Petition for Removal, which sought to rescind an order setting a trial on the issue of amending a permanent total disability indemnity rate. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Applicant failed to demonstrate. The Board found a good faith legal issue regarding whether the indemnity rate constituted a clerical or judicial error, which requires adjudication at trial. Reconsideration remains an adequate remedy if the Applicant is adversely affected by the trial outcome.
Kari Moulthrop vs. SUTTER MEDICAL FOUNDATION, SUTTER HEALTH WORKERS' COMPENSATION (Claims Administrator) is a workers' compensation case decided in Salinas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in Salinas.
Full Decision Text1 Pages
The Appeals Board denied Applicant's Petition for Removal, which sought to rescind an order setting a trial on the issue of amending a permanent total disability indemnity rate. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Applicant failed to demonstrate. The Board found a good faith legal issue regarding whether the indemnity rate constituted a clerical or judicial error, which requires adjudication at trial. Reconsideration remains an adequate remedy if the Applicant is adversely affected by the trial outcome.
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