CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the consolidation of two cases concerning toxic exposure claims. The Board found that the defendant failed to demonstrate significant prejudice or irreparable harm from the consolidation, as required by WCAB Rule 10843. Although the defendant argued it lacked an opportunity to respond to the initial consolidation order, the Board noted their Petition for Removal served as this response. The Board adopted the WCJ's reasoning that consolidation was appropriate due to common issues of fact regarding toxic exposure and would promote judicial efficiency.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the consolidation of two cases concerning toxic exposure claims. The Board found that the defendant failed to demonstrate significant prejudice or irreparable harm from the consolidation, as required by WCAB Rule 10843. Although the defendant argued it lacked an opportunity to respond to the initial consolidation order, the Board noted their Petition for Removal served as this response. The Board adopted the WCJ's reasoning that consolidation was appropriate due to common issues of fact regarding toxic exposure and would promote judicial efficiency.
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