CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) dismissed Armando Santos Elizondo's Petition for Removal of a prior dismissal order. The WCAB clarified that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur and reconsideration is inadequate. Here, the dismissal order was a final order subject to reconsideration, and the petition was untimely. Therefore, the petition for removal was dismissed, though the applicant may still seek to set aside the order within five years of the injury date.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) dismissed Armando Santos Elizondo's Petition for Removal of a prior dismissal order. The WCAB clarified that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will occur and reconsideration is inadequate. Here, the dismissal order was a final order subject to reconsideration, and the petition was untimely. Therefore, the petition for removal was dismissed, though the applicant may still seek to set aside the order within five years of the injury date.
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