CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The petition claimed the judge erred by allowing an additional PQME in internal medicine. However, the Board found no such order existed in the dismissed Case No. ADJ10361270, rendering the petition moot. Even if considered for a different case, removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. Reconsideration was deemed an adequate remedy should an adverse decision arise.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. The petition claimed the judge erred by allowing an additional PQME in internal medicine. However, the Board found no such order existed in the dismissed Case No. ADJ10361270, rendering the petition moot. Even if considered for a different case, removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. Reconsideration was deemed an adequate remedy should an adverse decision arise.
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