CompFox AI Summary
The Workers' Compensation Appeals Board denied a Petition for Removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision to take the case off calendar. The WCJ correctly removed the case from the trial calendar due to incomplete discovery, specifically the lack of a permanent and stationary report for orthopedic injuries and pending dental/eye consultations. The Appeals Board adopted the WCJ's reasoning, finding that reconsideration would be an adequate remedy if adverse to the petitioner later. Therefore, removal, an extraordinary remedy, was not granted.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a Petition for Removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision to take the case off calendar. The WCJ correctly removed the case from the trial calendar due to incomplete discovery, specifically the lack of a permanent and stationary report for orthopedic injuries and pending dental/eye consultations. The Appeals Board adopted the WCJ's reasoning, finding that reconsideration would be an adequate remedy if adverse to the petitioner later. Therefore, removal, an extraordinary remedy, was not granted.
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