Home/Case Law/ELISABETH PERRY, LISA MARIE SOUSA (Deceased) vs. MILLARD GROUP, YORK RISK SERVICES GROUP, INC.
Regular DecisionRemoval

ELISABETH PERRY, LISA MARIE SOUSA (Deceased) vs. MILLARD GROUP, YORK RISK SERVICES GROUP, INC.

Filed: May 12, 2017
Oakland
ADJ9071017

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The defendant sought to present live medical expert testimony despite having written reports, which the Administrative Law Judge (ALJ) initially disallowed. The WCAB found the defendant did not demonstrate the required prejudice and that reconsideration would be an adequate remedy if necessary.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied the defendant's petition for removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The defendant sought to present live medical expert testimony despite having written reports, which the Administrative Law Judge (ALJ) initially disallowed. The WCAB found the defendant did not demonstrate the required prejudice and that reconsideration would be an adequate remedy if necessary.

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