CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the decision to set the case for trial. The Board found that the defendant failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The defendant's delay in conducting discovery and providing benefits after a QME report finding injury and temporary disability was noted as a factor. Removal is an extraordinary remedy, only granted in exceptional circumstances not met here.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding the decision to set the case for trial. The Board found that the defendant failed to demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy. The defendant's delay in conducting discovery and providing benefits after a QME report finding injury and temporary disability was noted as a factor. Removal is an extraordinary remedy, only granted in exceptional circumstances not met here.
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