CompFox AI Summary
The Appeals Board denied Carter Fence's petition for removal because the objection to the declaration of readiness to proceed was untimely. Carter Fence failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision to keep the matter off calendar. The Board noted it's an extraordinary remedy, requiring more than mere disagreement. Furthermore, it was unclear if the employer's counsel had the authority to file the DOR for all listed issues.
Full Decision Text1 Pages
The Appeals Board denied Carter Fence's petition for removal because the objection to the declaration of readiness to proceed was untimely. Carter Fence failed to demonstrate substantial prejudice or irreparable harm from the WCJ's decision to keep the matter off calendar. The Board noted it's an extraordinary remedy, requiring more than mere disagreement. Furthermore, it was unclear if the employer's counsel had the authority to file the DOR for all listed issues.
Read the full decision
Join + legal professionals. Create a free account to access the complete text of this decision and search our entire database.