CompFox AI Summary
The Workers' Compensation Appeals Board denied a lien claimant's petition for removal regarding an order preventing them from joining a party or conducting discovery. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the lien claimant failed to demonstrate. The Board found the lien claimant's request premature as the applicant's case was ongoing and not resolved. Lien claimants generally lack independent discovery rights before the applicant's claim concludes, and reconsideration remains an adequate remedy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's petition for removal regarding an order preventing them from joining a party or conducting discovery. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the lien claimant failed to demonstrate. The Board found the lien claimant's request premature as the applicant's case was ongoing and not resolved. Lien claimants generally lack independent discovery rights before the applicant's claim concludes, and reconsideration remains an adequate remedy.
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