CompFox AI Summary
Defendant Big 5 Corporation sought removal from a WCJ's order continuing trial to allow the applicant to supplement the medical record. The defendant argued this continuance was due to applicant's counsel's lack of diligence and violated their due process rights. The Appeals Board denied the petition, finding that reconsideration would be an adequate remedy and that the issue of attorney diligence could be addressed during attorney fee determination. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm.
Full Decision Text1 Pages
Defendant Big 5 Corporation sought removal from a WCJ's order continuing trial to allow the applicant to supplement the medical record. The defendant argued this continuance was due to applicant's counsel's lack of diligence and violated their due process rights. The Appeals Board denied the petition, finding that reconsideration would be an adequate remedy and that the issue of attorney diligence could be addressed during attorney fee determination. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm.
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