CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to halt trial proceedings due to incomplete discovery, specifically a functional capacity and psychological evaluation. The Board found the applicant failed to demonstrate irreparable harm or that reconsideration would be an inadequate remedy. Applicant can raise discovery issues with the trial judge and re-address them upon reconsideration if necessary. Removal is an extraordinary remedy and is rarely granted.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's petition for removal, which sought to halt trial proceedings due to incomplete discovery, specifically a functional capacity and psychological evaluation. The Board found the applicant failed to demonstrate irreparable harm or that reconsideration would be an inadequate remedy. Applicant can raise discovery issues with the trial judge and re-address them upon reconsideration if necessary. Removal is an extraordinary remedy and is rarely granted.
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