CompFox AI Summary
The Workers' Compensation Appeals Board denied Tristar Risk Management's petition for removal, which sought to halt trial proceedings for the applicant's claim for home health care reimbursement. Tristar argued the trial was premature, preventing adequate discovery and the development of the evidentiary record concerning new statutes applicable to the claim. The Board found that removal is an extraordinary remedy not warranted here, as the applicant bears the burden of proof at trial and Tristar has remedies available if aggrieved by a post-trial decision. The Board also confirmed Tristar's petition was timely filed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Tristar Risk Management's petition for removal, which sought to halt trial proceedings for the applicant's claim for home health care reimbursement. Tristar argued the trial was premature, preventing adequate discovery and the development of the evidentiary record concerning new statutes applicable to the claim. The Board found that removal is an extraordinary remedy not warranted here, as the applicant bears the burden of proof at trial and Tristar has remedies available if aggrieved by a post-trial decision. The Board also confirmed Tristar's petition was timely filed.
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