Home/Case Law/LUIS INIGO vs. GLEN HAVE MEMORIAL GARDENS, INC.; DISCOVERY PROPERTY & CASUALTY, Administered by YORK RISK SERVICES GROUP, INC.
Regular DecisionRemoval

LUIS INIGO vs. GLEN HAVE MEMORIAL GARDENS, INC.; DISCOVERY PROPERTY & CASUALTY, Administered by YORK RISK SERVICES GROUP, INC.

Filed: Sep 25, 2015
Van Nuys
ADJ6761265

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. The defendant argued that striking a Qualified Medical Examiner (QME) report due to alleged untimeliness would cause undue delay and render prior expenses meaningless. However, the Board adopted the WCJ's reasoning that mere additional expense does not constitute irreparable harm. Therefore, removal was deemed an inappropriate and extraordinary remedy in this case.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. The defendant argued that striking a Qualified Medical Examiner (QME) report due to alleged untimeliness would cause undue delay and render prior expenses meaningless. However, the Board adopted the WCJ's reasoning that mere additional expense does not constitute irreparable harm. Therefore, removal was deemed an inappropriate and extraordinary remedy in this case.

Read the full decision

Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

LUIS INIGO vs. GLEN HAVE MEMORIAL GARDENS, INC.; DISCOVERY PROPERTY & CASUALTY, Administered by YORK RISK SERVICES GROUP, INC. (2015) – Van Nuys | CompFox