CompFox AI Summary
This case involves a Petition for Removal filed by the defendant, Friendly Franchisees Corporation. The defendant sought to remove an order that continued a workers' compensation hearing to allow the applicant to submit exhibits. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the judge's decision to allow the applicant to enter medical evidence, under CCP § 473, outweighed any alleged harm to the defendant and that reconsideration would be an adequate remedy. Therefore, the Petition for Removal was denied.
Full Decision Text1 Pages
This case involves a Petition for Removal filed by the defendant, Friendly Franchisees Corporation. The defendant sought to remove an order that continued a workers' compensation hearing to allow the applicant to submit exhibits. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the judge's decision to allow the applicant to enter medical evidence, under CCP § 473, outweighed any alleged harm to the defendant and that reconsideration would be an adequate remedy. Therefore, the Petition for Removal was denied.
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