CompFox AI Summary
The Workers' Compensation Appeals Board denied Elena Barragan's Petition for Removal, finding that removal is an extraordinary remedy and she failed to demonstrate substantial prejudice or irreparable harm. The Board adopted the WCJ's report, which concluded that Barragan's petition to remove the PQME was already set for trial, and discovery remained open for her treating physician's reports. Therefore, reconsideration would be an adequate remedy if a final adverse decision were issued.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Elena Barragan's Petition for Removal, finding that removal is an extraordinary remedy and she failed to demonstrate substantial prejudice or irreparable harm. The Board adopted the WCJ's report, which concluded that Barragan's petition to remove the PQME was already set for trial, and discovery remained open for her treating physician's reports. Therefore, reconsideration would be an adequate remedy if a final adverse decision were issued.
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