CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, which sought to change a scheduled mandatory settlement conference (MSC) to a trial. The Board held that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, neither of which was demonstrated. The applicant's contention that a brief delay for an MSC would cause irreparable harm was rejected. Therefore, the petition was denied as the applicant did not meet the stringent standards for removal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's Petition for Removal, which sought to change a scheduled mandatory settlement conference (MSC) to a trial. The Board held that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, neither of which was demonstrated. The applicant's contention that a brief delay for an MSC would cause irreparable harm was rejected. Therefore, the petition was denied as the applicant did not meet the stringent standards for removal.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.