CompFox AI Summary
Applicant, Perla Luviano Rosas, filed a petition for removal challenging an order setting the matter for trial issued on July 3, 2025, by a workers' compensation administrative law judge (WCJ), arguing that discovery was incomplete. Defendant, Diana's Mexican Food Products, Inc., responded to the petition. The WCJ recommended denying removal. The Appeals Board, after reviewing the petition, answer, and the WCJ's report, decided to deny removal, stating that it is an extraordinary remedy granted only if substantial prejudice or irreparable harm would result, which was not demonstrated in this case. They also noted that reconsideration would be an adequate remedy if an adverse decision were ultimately issued, and parties would have the opportunity to create a record and raise issues at trial.
Full Decision Text1 Pages
Applicant, Perla Luviano Rosas, filed a petition for removal challenging an order setting the matter for trial issued on July 3, 2025, by a workers' compensation administrative law judge (WCJ), arguing that discovery was incomplete. Defendant, Diana's Mexican Food Products, Inc., responded to the petition. The WCJ recommended denying removal. The Appeals Board, after reviewing the petition, answer, and the WCJ's report, decided to deny removal, stating that it is an extraordinary remedy granted only if substantial prejudice or irreparable harm would result, which was not demonstrated in this case. They also noted that reconsideration would be an adequate remedy if an adverse decision were ultimately issued, and parties would have the opportunity to create a record and raise issues at trial.
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