CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied his petition for removal. The applicant argued the WCJ erred by setting the case for trial based on a defective declaration of readiness and claimed denial of due process. The WCAB found that an order setting a case for trial is not a final order, thus not subject to reconsideration, and denied removal as the applicant failed to show substantial prejudice or irreparable harm. The WCAB also cautioned applicant's counsel regarding the frivolous nature of challenging a trial setting via reconsideration.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed the applicant's petition for reconsideration and denied his petition for removal. The applicant argued the WCJ erred by setting the case for trial based on a defective declaration of readiness and claimed denial of due process. The WCAB found that an order setting a case for trial is not a final order, thus not subject to reconsideration, and denied removal as the applicant failed to show substantial prejudice or irreparable harm. The WCAB also cautioned applicant's counsel regarding the frivolous nature of challenging a trial setting via reconsideration.
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