CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant Albertson's Petition for Removal. The Board found that removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm would result, and reconsideration would be inadequate. The WCJ's report indicated the defendant's petition was denied due to procedural deficiency (failure to attach the subpoena) and that no substantive ruling was made that would warrant removal. The Board agreed that the defendant did not demonstrate the necessary prejudice for this exceptional relief.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant Albertson's Petition for Removal. The Board found that removal is an extraordinary remedy, granted only when substantial prejudice or irreparable harm would result, and reconsideration would be inadequate. The WCJ's report indicated the defendant's petition was denied due to procedural deficiency (failure to attach the subpoena) and that no substantive ruling was made that would warrant removal. The Board agreed that the defendant did not demonstrate the necessary prejudice for this exceptional relief.
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