CompFox AI Summary
This case concerns a Petition for Removal filed by Pismo Coast Village, Inc. and Insurance Co. of the West (Defendants) in the Workers' Compensation Appeals Board. The Defendants sought removal, arguing their due process rights were violated because the issue of injury arising out of and in the course of employment (AOE/COE) was not explicitly listed in the Applicant's declaration of readiness to proceed and they were denied complete discovery. The Administrative Law Judge recommended denial of the petition, finding the Defendants were aware AOE/COE was an issue and that their claimed discovery issues were not sufficiently demonstrated. The Appeals Board reviewed the petition and the ALJ's report and denied the Petition for Removal, finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy.
Full Decision Text1 Pages
This case concerns a Petition for Removal filed by Pismo Coast Village, Inc. and Insurance Co. of the West (Defendants) in the Workers' Compensation Appeals Board. The Defendants sought removal, arguing their due process rights were violated because the issue of injury arising out of and in the course of employment (AOE/COE) was not explicitly listed in the Applicant's declaration of readiness to proceed and they were denied complete discovery. The Administrative Law Judge recommended denial of the petition, finding the Defendants were aware AOE/COE was an issue and that their claimed discovery issues were not sufficiently demonstrated. The Appeals Board reviewed the petition and the ALJ's report and denied the Petition for Removal, finding no substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy.
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