CompFox AI Summary
The Appeals Board denied the defendant employer's petition for removal, an extraordinary remedy, finding no substantial prejudice or irreparable injury. The defendant's petition was also found to be untimely. The Board agreed with the Administrative Law Judge's report, which highlighted that the defendant had ample opportunity for discovery and had agreed to bifurcate the 132(a) claim. The Board concluded that the defendant's acquiescence in setting the trial date waived their right to object.
Full Decision Text1 Pages
The Appeals Board denied the defendant employer's petition for removal, an extraordinary remedy, finding no substantial prejudice or irreparable injury. The defendant's petition was also found to be untimely. The Board agreed with the Administrative Law Judge's report, which highlighted that the defendant had ample opportunity for discovery and had agreed to bifurcate the 132(a) claim. The Board concluded that the defendant's acquiescence in setting the trial date waived their right to object.
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