Home/Case Law/SHAHNAZ KAFADER vs. SEARS HOLDING CORPORATION, ACE AMERICAN INSURANCE COMPANY
Regular DecisionRemoval

SHAHNAZ KAFADER vs. SEARS HOLDING CORPORATION, ACE AMERICAN INSURANCE COMPANY

Filed: Dec 11, 2013
San Bernardino
ADJ7282946

CompFox AI Summary

The Workers' Compensation Appeals Board denied Defendant Sears Holding Corporation's Petition for Removal. Defendant sought to rescind an order designating a physician, arguing the need for further evaluation should be determined post-trial. The Board found removal to be an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. Furthermore, the petition was dismissible as it was unverified, and reconsideration would be an adequate remedy.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Defendant Sears Holding Corporation's Petition for Removal. Defendant sought to rescind an order designating a physician, arguing the need for further evaluation should be determined post-trial. The Board found removal to be an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. Furthermore, the petition was dismissible as it was unverified, and reconsideration would be an adequate remedy.

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SHAHNAZ KAFADER vs. SEARS HOLDING CORPORATION, ACE AMERICAN INSURANCE COMPANY (2013) – San Bernardino | CompFox