CompFox AI Summary
The applicant, Kyunghee Kim, filed a petition for removal challenging a WCJ's order that reduced their attorney's deposition fee. The Workers' Compensation Appeals Board reviewed the petition, considering the arguments and the WCJ's report. The Board concluded that no substantial prejudice or irreparable harm would result from denying removal and that reconsideration would be an adequate remedy if needed. Consequently, the Appeals Board denied the petition for removal and returned the matter to the trial level, advising the WCJ to treat the petition as a request to set aside the original order to facilitate a proper hearing and the creation of a formal record.
Full Decision Text1 Pages
The applicant, Kyunghee Kim, filed a petition for removal challenging a WCJ's order that reduced their attorney's deposition fee. The Workers' Compensation Appeals Board reviewed the petition, considering the arguments and the WCJ's report. The Board concluded that no substantial prejudice or irreparable harm would result from denying removal and that reconsideration would be an adequate remedy if needed. Consequently, the Appeals Board denied the petition for removal and returned the matter to the trial level, advising the WCJ to treat the petition as a request to set aside the original order to facilitate a proper hearing and the creation of a formal record.
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