CompFox AI Summary
The Workers' Compensation Appeals Board denied the Defendant's Petition for Removal. The Defendant sought removal because the Administrative Law Judge (WCJ) ordered the case off calendar to allow parties to develop the medical record, rather than immediately ruling on the Defendant's motion to dismiss based on res judicata. The Board found no substantial prejudice or irreparable harm to the Defendant, as the WCJ correctly determined medical evidence was necessary to adjudicate potential new industrial injury causation. The Defendant's claim of irreparable harm due to prolonged litigation and costs was deemed insufficient for removal.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the Defendant's Petition for Removal. The Defendant sought removal because the Administrative Law Judge (WCJ) ordered the case off calendar to allow parties to develop the medical record, rather than immediately ruling on the Defendant's motion to dismiss based on res judicata. The Board found no substantial prejudice or irreparable harm to the Defendant, as the WCJ correctly determined medical evidence was necessary to adjudicate potential new industrial injury causation. The Defendant's claim of irreparable harm due to prolonged litigation and costs was deemed insufficient for removal.
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