Home/Case Law/BILLIE LAUREN vs. SUNALP LASER VISION, UNINSURED EMPLOYERS BENEFIT TRUST FUND
Regular DecisionRemoval

BILLIE LAUREN vs. SUNALP LASER VISION, UNINSURED EMPLOYERS BENEFIT TRUST FUND

Filed: Aug 03, 2017
Fresno
ADJ10262965

CompFox AI Summary

Defendant Sunalp Laser Vision petitioned for removal of the order appointing an Independent Medical Evaluator (IME) for applicant Billie Lauren and three other consolidated cases. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. The Board found that the trial judge can address the issue at trial, and reconsideration will be an adequate remedy if an adverse final decision is issued. Therefore, the petition for removal was denied.

Full Decision Text1 Pages

Defendant Sunalp Laser Vision petitioned for removal of the order appointing an Independent Medical Evaluator (IME) for applicant Billie Lauren and three other consolidated cases. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated. The Board found that the trial judge can address the issue at trial, and reconsideration will be an adequate remedy if an adverse final decision is issued. Therefore, the petition for removal was denied.

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