Home/Case Law/FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.
Regular DecisionRemoval

FRANCISCO CERVANTES vs. STAFFMARK INVESTMENTS, AIG CLAIM SERVICES, INC., as administered by CHARTIS CLAIMS, INC.

Filed: Jun 29, 2011
San Francisco
ADJ4609386 (AHM 0124161)

CompFox AI Summary

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

Full Decision Text1 Pages

This case involves a defendant's Petition for Removal challenging a WCJ's order to proceed to trial. The defendant argued the matter was not ready due to insufficient medical evidence, but failed to object to the applicant's declaration of readiness to proceed. Furthermore, the defendant did not demonstrate efforts to supplement the existing medical reports. The Appeals Board denied removal, finding the defendant failed to show substantial prejudice or irreparable harm, and that further medical record development is possible post-submission.

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