CompFox AI Summary
Applicant Ralph Escalante filed a petition for removal from an order setting the matter for trial, arguing incomplete discovery and a violation of due process. The defendants responded, and the WCJ recommended denial. The Appeals Board denied the petition, stating that removal is an extraordinary remedy and that the applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would not be an adequate remedy. The Board emphasized that a trial would allow for the creation of a record to address discovery issues, and that the applicant could raise arguments again on reconsideration if an adverse decision were to issue.
Full Decision Text1 Pages
Applicant Ralph Escalante filed a petition for removal from an order setting the matter for trial, arguing incomplete discovery and a violation of due process. The defendants responded, and the WCJ recommended denial. The Appeals Board denied the petition, stating that removal is an extraordinary remedy and that the applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would not be an adequate remedy. The Board emphasized that a trial would allow for the creation of a record to address discovery issues, and that the applicant could raise arguments again on reconsideration if an adverse decision were to issue.
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