ADJ8083206

In this case, Dwayne McClendon is the applicant and City Wide Electronic Systems and Berkshire Hathaway are the defendants. The Workers’ Compensation Appeals Board denied the petition for removal, as removal is an extraordinary remedy rarely exercised by the Appeals Board. The Board found that the petitioner did not show that substantial prejudice or irreparable …

DWAYNE McCLENDON vs. CITY WIDE ELECRONIC SYSTEMS; BERKSHIRE HATHAWAY Read More »

In this case, Dwayne McClendon is the applicant and City Wide Electronic Systems and Berkshire Hathaway are the defendants. The Workers’ Compensation Appeals Board denied the petition for removal, as removal is an extraordinary remedy rarely exercised by the Appeals Board. The Board found that the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted, and that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued. The Board also found that the WCAB had jurisdiction, as an application was filed with the WCAB but was not properly processed due to clerical error.