CompFox AI Summary
The Workers' Compensation Appeals Board denied a Petition for Removal filed by the Detroit Tigers, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm would result from denying removal. The WCJ recommended denial because further factual discovery, specifically a deposition of the applicant, was necessary to address the application and effect of Labor Code section 3600.5 regarding jurisdiction. The Board adopted the WCJ's report, holding that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued. Removal is an extraordinary remedy rarely granted by the Appeals Board.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a Petition for Removal filed by the Detroit Tigers, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm would result from denying removal. The WCJ recommended denial because further factual discovery, specifically a deposition of the applicant, was necessary to address the application and effect of Labor Code section 3600.5 regarding jurisdiction. The Board adopted the WCJ's report, holding that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issued. Removal is an extraordinary remedy rarely granted by the Appeals Board.
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