CompFox AI Summary
Applicant Britney Owens filed a petition for removal challenging an order setting the matter for trial, arguing that discovery was incomplete. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming that removal is an extraordinary remedy and finding no evidence of substantial prejudice or irreparable harm. The Board emphasized that parties would have ample opportunity at trial to develop the record and present evidence, including on the appropriateness of further discovery. Additionally, the Board observed that if the defendant lacks evidence to establish the date of injury, they proceed at their own peril concerning the post-termination defense.
Full Decision Text1 Pages
Applicant Britney Owens filed a petition for removal challenging an order setting the matter for trial, arguing that discovery was incomplete. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming that removal is an extraordinary remedy and finding no evidence of substantial prejudice or irreparable harm. The Board emphasized that parties would have ample opportunity at trial to develop the record and present evidence, including on the appropriateness of further discovery. Additionally, the Board observed that if the defendant lacks evidence to establish the date of injury, they proceed at their own peril concerning the post-termination defense.
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