CompFox AI Summary
The Workers' Compensation Appeals Board denied Liberty Mutual's petition for removal, finding that the insurer failed to demonstrate the extraordinary circumstances required for such a request. The Board determined that the insurer did not establish irreparable harm, as reconsideration after a final award would be an adequate remedy. The case was returned to the trial level for a new judge to consider evidence related to an ongoing grievance proceeding, provided it meets specific evidentiary standards. The new judge will then decide how, if at all, the grievance proceeding impacts the applicant's workers' compensation claim.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Liberty Mutual's petition for removal, finding that the insurer failed to demonstrate the extraordinary circumstances required for such a request. The Board determined that the insurer did not establish irreparable harm, as reconsideration after a final award would be an adequate remedy. The case was returned to the trial level for a new judge to consider evidence related to an ongoing grievance proceeding, provided it meets specific evidentiary standards. The new judge will then decide how, if at all, the grievance proceeding impacts the applicant's workers' compensation claim.
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