CompFox AI Summary
The Appeals Board denied defendant's petition for removal, finding it premature. The defendant sought to reinstate an earlier decision denying permanent disability benefits, arguing the WCJ's subsequent rescission of that order would cause irreparable harm through increased litigation costs. However, the WCJ's rescission was a proper procedural step following the applicant's petition for reconsideration, and the case was subsequently resubmitted. Therefore, removal was inappropriate as the defendant's alleged harm was speculative and not yet realized.
Full Decision Text1 Pages
The Appeals Board denied defendant's petition for removal, finding it premature. The defendant sought to reinstate an earlier decision denying permanent disability benefits, arguing the WCJ's subsequent rescission of that order would cause irreparable harm through increased litigation costs. However, the WCJ's rescission was a proper procedural step following the applicant's petition for reconsideration, and the case was subsequently resubmitted. Therefore, removal was inappropriate as the defendant's alleged harm was speculative and not yet realized.
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