Home/Case Law/FRANCISCA DURAN vs. ALDWORTH COMPANY, UNITED STATE FIRE INSURANCE COMPANY
Regular DecisionWorkers' Compensation

FRANCISCA DURAN vs. ALDWORTH COMPANY, UNITED STATE FIRE INSURANCE COMPANY

Filed: May 08, 2015
San Francisco
ADJ2318534; ADJ7000911

CompFox AI Summary

The Workers' Compensation Appeals Board denied the Petition for Removal, upholding the WCJ's decision to continue the trial date. The Board found that the petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse decision occurs. The WCJ's report, incorporated by the Board, details that the petitioner's request to take the matter off calendar to obtain Panel QMEs was denied because it was a procedural issue that should have been addressed much earlier. The Board noted that the petitioner's arguments regarding the consolidation of cases and the admissibility of medical reports were premature and unsubstantiated.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the Petition for Removal, upholding the WCJ's decision to continue the trial date. The Board found that the petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if an adverse decision occurs. The WCJ's report, incorporated by the Board, details that the petitioner's request to take the matter off calendar to obtain Panel QMEs was denied because it was a procedural issue that should have been addressed much earlier. The Board noted that the petitioner's arguments regarding the consolidation of cases and the admissibility of medical reports were premature and unsubstantiated.

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