Home/Case Law/LEOBARDO HERNANDEZ vs. CITY OF SANTA PAULA, JPIA, Administered by YORK RISK SERVICES GROUP, INC.
Regular DecisionWorkers' Compensation

LEOBARDO HERNANDEZ vs. CITY OF SANTA PAULA, JPIA, Administered by YORK RISK SERVICES GROUP, INC.

Filed: Sep 21, 2015
Oxnard
ADJ8499859

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy, and the Board found no substantial prejudice or irreparable harm if removal was denied. The defendant's due diligence in obtaining a vocational expert report was deferred to the trial judge, who would also consider admitting the report. The Board concluded reconsideration would be an adequate remedy should an adverse decision issue later.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy, and the Board found no substantial prejudice or irreparable harm if removal was denied. The defendant's due diligence in obtaining a vocational expert report was deferred to the trial judge, who would also consider admitting the report. The Board concluded reconsideration would be an adequate remedy should an adverse decision issue later.

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