CompFox AI Summary
The Workers' Compensation Appeals Board denied Doris Gonzales's Petition for Removal to rescind an order continuing her case to trial. Gonzales argued she hadn't completed discovery regarding her admitted psyche injury's permanent and stationary status and a newly diagnosed condition, fibromyalgia. The majority found her petition did not demonstrate substantial prejudice or irreparable harm, rendering removal an inappropriate remedy. Commissioner Sweeney dissented, believing further discovery was necessary and the trial date premature, especially concerning the un-evaluated psyche injury.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Doris Gonzales's Petition for Removal to rescind an order continuing her case to trial. Gonzales argued she hadn't completed discovery regarding her admitted psyche injury's permanent and stationary status and a newly diagnosed condition, fibromyalgia. The majority found her petition did not demonstrate substantial prejudice or irreparable harm, rendering removal an inappropriate remedy. Commissioner Sweeney dissented, believing further discovery was necessary and the trial date premature, especially concerning the un-evaluated psyche injury.
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