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The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal. The lien claimant sought to rescind an order taking the case off calendar, arguing a settlement in 2006 and delay in trial constituted a denial of due process. The Board found the claimant failed to demonstrate the extraordinary prejudice or irreparable harm required for removal. Reconsideration was deemed an adequate remedy if an adverse decision later issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a lien claimant's Petition for Removal. The lien claimant sought to rescind an order taking the case off calendar, arguing a settlement in 2006 and delay in trial constituted a denial of due process. The Board found the claimant failed to demonstrate the extraordinary prejudice or irreparable harm required for removal. Reconsideration was deemed an adequate remedy if an adverse decision later issues.
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