Home/Case Law/LAWRENCE FERNANDEZ vs. LA CENTERS FOR ALCOHOL AND DRUG ABUSE, TOWER SELECT INSURANCE COMPANY c/o ILLINOIS MIDWEST
Regular DecisionRemoval

LAWRENCE FERNANDEZ vs. LA CENTERS FOR ALCOHOL AND DRUG ABUSE, TOWER SELECT INSURANCE COMPANY c/o ILLINOIS MIDWEST

Filed: Sep 11, 2013
Anaheim
ADJ7776671

CompFox AI Summary

The applicant sought removal to rescind an order continuing the case for trial, arguing prejudicial error in not allowing further discovery on non-orthopedic claims. The Appeals Board denied the petition because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The WCJ explicitly reserved the issue of good cause for further discovery to the trial judge, making reconsideration an adequate remedy. Therefore, the petition for removal was denied.

Full Decision Text1 Pages

The applicant sought removal to rescind an order continuing the case for trial, arguing prejudicial error in not allowing further discovery on non-orthopedic claims. The Appeals Board denied the petition because removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The WCJ explicitly reserved the issue of good cause for further discovery to the trial judge, making reconsideration an adequate remedy. Therefore, the petition for removal was denied.

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