CompFox AI Summary
The California Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the judge's decision to set the case for trial. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The defendant failed to demonstrate such harm or that reconsideration would be an inadequate remedy. The WCJ properly deferred the issue of medical record development to the trial judge.
Full Decision Text1 Pages
The California Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the judge's decision to set the case for trial. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The defendant failed to demonstrate such harm or that reconsideration would be an inadequate remedy. The WCJ properly deferred the issue of medical record development to the trial judge.
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