CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal of an order setting a trial date. The WCAB found the petition was untimely filed, as it was submitted 35 days after the trial was scheduled, exceeding the 20-day limit. Furthermore, even if considered on the merits, the petition would have been denied because the applicant failed to demonstrate substantial prejudice or irreparable harm. The WCAB emphasized that removal is an extraordinary remedy and that opportunities for discovery and argument exist at trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for removal of an order setting a trial date. The WCAB found the petition was untimely filed, as it was submitted 35 days after the trial was scheduled, exceeding the 20-day limit. Furthermore, even if considered on the merits, the petition would have been denied because the applicant failed to demonstrate substantial prejudice or irreparable harm. The WCAB emphasized that removal is an extraordinary remedy and that opportunities for discovery and argument exist at trial.
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