CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to stay workers' compensation proceedings pending the outcome of criminal fraud charges against the applicant. The WCAB agreed with the administrative law judge that a stay was not warranted given the applicant's presumption of innocence and the lack of probable cause shown. The WCAB emphasized that if convicted, benefits could be denied and restitution sought, but a stay would unnecessarily delay claims if acquitted, contrary to constitutional mandates for swift justice.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration and denied their petition for removal. The defendant sought to stay workers' compensation proceedings pending the outcome of criminal fraud charges against the applicant. The WCAB agreed with the administrative law judge that a stay was not warranted given the applicant's presumption of innocence and the lack of probable cause shown. The WCAB emphasized that if convicted, benefits could be denied and restitution sought, but a stay would unnecessarily delay claims if acquitted, contrary to constitutional mandates for swift justice.
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