CompFox AI Summary
The Workers' Compensation Appeals Board denied Applicant Luis Gonzalez's Petition for Removal. Applicant sought to have an order taking the case off calendar overturned and the matter reset for an expedited hearing. The Board found that removal is an extraordinary remedy not warranted here as Applicant did not demonstrate substantial prejudice or irreparable harm. The judge acted within their authority, and the applicant can refile a declaration of readiness to proceed. Allegations of sanctionable conduct should be addressed in a separate trial-level petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Applicant Luis Gonzalez's Petition for Removal. Applicant sought to have an order taking the case off calendar overturned and the matter reset for an expedited hearing. The Board found that removal is an extraordinary remedy not warranted here as Applicant did not demonstrate substantial prejudice or irreparable harm. The judge acted within their authority, and the applicant can refile a declaration of readiness to proceed. Allegations of sanctionable conduct should be addressed in a separate trial-level petition.
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