CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because taking the matter off calendar for further record development did not cause significant prejudice or irreparable harm. The judge recommended denial, finding the defendant's argument regarding Government Code §911.2 and claim presentment to be inapplicable to a Labor Code §132a discrimination claim. The Board agreed that no definitive findings on the merits had been made and emphasized the need for completed discovery regarding the applicant's ability to return to work. The denial means the case will proceed with further record development rather than being removed from the regular process.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because taking the matter off calendar for further record development did not cause significant prejudice or irreparable harm. The judge recommended denial, finding the defendant's argument regarding Government Code §911.2 and claim presentment to be inapplicable to a Labor Code §132a discrimination claim. The Board agreed that no definitive findings on the merits had been made and emphasized the need for completed discovery regarding the applicant's ability to return to work. The denial means the case will proceed with further record development rather than being removed from the regular process.
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