Home/Case Law/BRITNEY OWENS vs. CVS PHARMACY, ACE AMERICAN INSURANCE COMPANY
Regular DecisionRegular Panel Decision

BRITNEY OWENS vs. CVS PHARMACY, ACE AMERICAN INSURANCE COMPANY

Filed: Sep 24, 2025
Van Nuys
ADJ20331276

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that removal is an extraordinary remedy not warranted here. The applicant sought to stop a bifurcated trial on the defendant's post-termination defense, arguing discovery was incomplete. The Board concluded that proceeding to trial allows for record development and that the applicant would not suffer prejudice, as the defendant bears the burden of proving the injury date for their defense. Reconsideration will be an adequate remedy if the applicant is ultimately dissatisfied after trial.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's petition for removal, finding that removal is an extraordinary remedy not warranted here. The applicant sought to stop a bifurcated trial on the defendant's post-termination defense, arguing discovery was incomplete. The Board concluded that proceeding to trial allows for record development and that the applicant would not suffer prejudice, as the defendant bears the burden of proving the injury date for their defense. Reconsideration will be an adequate remedy if the applicant is ultimately dissatisfied after trial.

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