CompFox AI Summary
Defendant, County of Merced, filed a petition for removal from an order taking the matter off calendar, contending further discovery was unnecessary. The Workers' Compensation Appeals Board (WCAB) considered the petition, the applicant's answer, and the WCJ's report, ultimately denying removal. The WCAB stated that removal is an extraordinary remedy and found no showing of substantial prejudice or irreparable harm. Furthermore, the Board noted the issue appeared moot as the defendant had not taken steps to place the matter back on calendar in the three years since filing the petition.
Full Decision Text1 Pages
Defendant, County of Merced, filed a petition for removal from an order taking the matter off calendar, contending further discovery was unnecessary. The Workers' Compensation Appeals Board (WCAB) considered the petition, the applicant's answer, and the WCJ's report, ultimately denying removal. The WCAB stated that removal is an extraordinary remedy and found no showing of substantial prejudice or irreparable harm. Furthermore, the Board noted the issue appeared moot as the defendant had not taken steps to place the matter back on calendar in the three years since filing the petition.
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