CLIFFORD BERNARD vs. XEROX CORPORATION, ACE dba INDEMNITY INSURANCE COMPANY OF NORTH AMERICA

The Workers' Compensation Appeals Board (WCAB) dismissed the petitioner's appeal, finding that it sought reconsideration of a non-final interlocutory order. The WCAB adopted the workers' compensation judge's report, which determined that the issue of whether the injury arose out of and occurred in the course of employment was still pending. Furthermore, the WCAB denied the petition for removal, deeming it an extraordinary remedy not warranted in this case. The Board found no evidence of substantial prejudice or irreparable harm that would necessitate immediate removal.