Home/Case Law/EVERARDO RODRIGUEZ vs. THE STANLEY WORKS/HOME DÉCOR; TRAVELERS
Regular DecisionRemoval

EVERARDO RODRIGUEZ vs. THE STANLEY WORKS/HOME DÉCOR; TRAVELERS

Filed: Mar 01, 2016
San Francisco
ADJ659082 (VNO 0320883) ADJ1 865687 (VNO 0550954) ADJ2289733 (VNO 0554994) ADJ3119126 (VNO 0554995) ADJ4554289 (VNO 0554996)

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would be inadequate. The Board found, adopting the WCJ's reasoning, that the defendant failed to demonstrate such prejudice. The WCJ clarified that continuing the matter to another priority conference, which is a type of status conference, did not cause harm as the defendant's request for a "normal status conference" was essentially granted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration would be inadequate. The Board found, adopting the WCJ's reasoning, that the defendant failed to demonstrate such prejudice. The WCJ clarified that continuing the matter to another priority conference, which is a type of status conference, did not cause harm as the defendant's request for a "normal status conference" was essentially granted.

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