CompFox AI Summary
Defendant filed a petition for removal from an order setting the matter for trial, arguing that discovery was incomplete. The Appeals Board denied the petition, stating that removal is an extraordinary remedy and the petitioner must demonstrate substantial prejudice or irreparable harm, which was not shown here. The Board noted that parties will have opportunities to create a record, raise all relevant issues, and address further discovery with the trial WCJ, preserving their right to challenge the order on reconsideration.
Full Decision Text1 Pages
Defendant filed a petition for removal from an order setting the matter for trial, arguing that discovery was incomplete. The Appeals Board denied the petition, stating that removal is an extraordinary remedy and the petitioner must demonstrate substantial prejudice or irreparable harm, which was not shown here. The Board noted that parties will have opportunities to create a record, raise all relevant issues, and address further discovery with the trial WCJ, preserving their right to challenge the order on reconsideration.
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