Home/Case Law/CARLOS CORTEZ vs. P. W. STEPHENS ENVIRONMENTAL, INC., GREAT DIVIDE INSURANCE COMPANY
Regular DecisionWorkers' Compensation

CARLOS CORTEZ vs. P. W. STEPHENS ENVIRONMENTAL, INC., GREAT DIVIDE INSURANCE COMPANY

Filed: Jun 23, 2017
Sacramento
ADJ9900564

CompFox AI Summary

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board found that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would not be an adequate remedy. The applicant failed to demonstrate these grounds, as issues regarding the admissibility of a QME's report and the request for a new QME are matters that can be addressed during trial. Therefore, the Board adopted the WCJ's report and denied the petition.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the applicant's Petition for Removal. The Board found that removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would not be an adequate remedy. The applicant failed to demonstrate these grounds, as issues regarding the admissibility of a QME's report and the request for a new QME are matters that can be addressed during trial. Therefore, the Board adopted the WCJ's report and denied the petition.

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