Home/Case Law/AMY SWIFT vs. CITY OF CHULA VISTA, TRISTAR RISK MANAGEMENT
Regular DecisionWorkers' Compensation

AMY SWIFT vs. CITY OF CHULA VISTA, TRISTAR RISK MANAGEMENT

Filed: Apr 08, 2015
San Diego
ADJ9247606

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should be set for trial because the applicant failed to object to their Declaration of Readiness. However, the Board adopted the WCJ's reasoning and found removal to be an extraordinary remedy not warranted in this instance. The defendant failed to demonstrate substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The defendant argued the case should be set for trial because the applicant failed to object to their Declaration of Readiness. However, the Board adopted the WCJ's reasoning and found removal to be an extraordinary remedy not warranted in this instance. The defendant failed to demonstrate substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy.

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