CompFox AI Summary
The Workers' Compensation Appeals Board denied a petition for removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy that requires more than simply disagreeing with a decision, and reconsideration would be an adequate remedy for any future adverse ruling. The WCJ correctly ordered arbitration on coverage issues, as the petitioner's arguments regarding employer identity and insurance coverage were not sufficiently supported. The Board found no abuse of discretion in the WCJ's decision to proceed with arbitration on coverage disputes.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a petition for removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy that requires more than simply disagreeing with a decision, and reconsideration would be an adequate remedy for any future adverse ruling. The WCJ correctly ordered arbitration on coverage issues, as the petitioner's arguments regarding employer identity and insurance coverage were not sufficiently supported. The Board found no abuse of discretion in the WCJ's decision to proceed with arbitration on coverage disputes.
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