CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. While the applicant's petition was found to be timely filed, removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The WCAB adopted the WCJ's reasoning that compelling the employer to reveal employee contact information for trial testimony was unwarranted. The WCJ found the proposed witness testimony was likely duplicative and irrelevant to the medical determination of industrial causation, and the applicant could present his own testimony regarding job duties.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. While the applicant's petition was found to be timely filed, removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the applicant failed to demonstrate. The WCAB adopted the WCJ's reasoning that compelling the employer to reveal employee contact information for trial testimony was unwarranted. The WCJ found the proposed witness testimony was likely duplicative and irrelevant to the medical determination of industrial causation, and the applicant could present his own testimony regarding job duties.
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