Home/Case Law/MARQUES MURRELL vs. NEW YORK JETS, LLC, A DELAWARE\nLIMITED LIABILITY COMPANY, dba NEW\nYORK JETS, GREAT DIVIDE INSURANCE\nCOMPANY c/o BERKLEY SPECIALTY\nUNDERWRITING MANAGERS, LLC
Regular DecisionRegular Panel Decision

MARQUES MURRELL vs. NEW YORK JETS, LLC, A DELAWARE\nLIMITED LIABILITY COMPANY, dba NEW\nYORK JETS, GREAT DIVIDE INSURANCE\nCOMPANY c/o BERKLEY SPECIALTY\nUNDERWRITING MANAGERS, LLC

Filed: Oct 22, 2014
Santa Ana
ADJ8710092

CompFox AI Summary

The Workers' Compensation Appeals Board denied the Petition for Removal filed by New York Jets, LLC. The Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. While disagreeing with the WCJ's specific reasoning regarding Johnson, the Board found that factual issues regarding jurisdiction warrant keeping the case together. Therefore, the petition was denied as reconsideration remains an adequate remedy.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the Petition for Removal filed by New York Jets, LLC. The Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. While disagreeing with the WCJ's specific reasoning regarding Johnson, the Board found that factual issues regarding jurisdiction warrant keeping the case together. Therefore, the petition was denied as reconsideration remains an adequate remedy.

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MARQUES MURRELL vs. NEW YORK JETS, LLC, A DELAWARE\nLIMITED LIABILITY COMPANY, dba NEW\nYORK JETS, GREAT DIVIDE INSURANCE\nCOMPANY c/o BERKLEY SPECIALTY\nUNDERWRITING MANAGERS, LLC (2014) – Santa Ana | CompFox