Bristol Myers Squibb Company; National Union Fire Insurance Company Of Pittsburgh, Pa, Administered By AIG Elizabeth Huynh WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAELIZABETH HUYNH, Applicant,vs.BRISTOL MYERS SQUIBB COMPANY; NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA, Administered By AIG, Defendants.Case Nos. ADJ9709728ADJ9302807 (San Jose District Office)OPINION AND ORDER DENYING PETITION FOR REMOVAL We have considered the allegations of the Petition for Removal and the contents of the report of the workers’ compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and for the reasons stated in the WCJ’s report, which we adopt and incorporate, we will deny removal. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 600, fn. 5 [71 Cal.Comp.Cases 155, 157, fn. 5]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70 Cal.Comp.Cases 133, 136, fn. 2].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10843(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10843(a).) Here, for the reasons stated in the WCJ’s report, and because applicant did not specify how or why she will be substantially prejudiced or irreparably harmed, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner. , For the foregoing reasons, IT IS ORDERED that the Petition for Removal is DENIED.
Elizabeth Huynh vs. Bristol Myers Squibb Company; National Union Fire Insurance Company Of Pittsburgh, Pa, Administered By Aig
In this case, the Workers' Compensation Appeals Board denied the Petition for Removal filed by Elizabeth Huynh against Bristol Myers Squibb Company and National Union Fire Insurance Company of Pittsburgh, PA, administered by AIG. The Board found that Huynh did not demonstrate how or why she would be substantially prejudiced or irreparably harmed if removal was denied, and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued.
- Filed On:
- Court: California, San Jose
- Case No. ADJ9709728
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