Home/Case Law/HERIBERTA GUEVARA vs. RAMIREZ LABOR MANAGEMENT, AMERICAN CLAIMS MANAGEMENT
Regular DecisionWorkers' Compensation

HERIBERTA GUEVARA vs. RAMIREZ LABOR MANAGEMENT, AMERICAN CLAIMS MANAGEMENT

Filed: Aug 18, 2015
Oxnard
ADJ9054675; ADJ9568007

CompFox AI Summary

The Appeals Board denied the applicant's Petition for Removal, upholding the WCJ's decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The applicant failed to demonstrate this, as the WCJ's report indicated that any need for further discovery could be addressed at trial. Reconsideration remains an adequate remedy if an adverse decision is ultimately issued.

Full Decision Text1 Pages

The Appeals Board denied the applicant's Petition for Removal, upholding the WCJ's decision. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The applicant failed to demonstrate this, as the WCJ's report indicated that any need for further discovery could be addressed at trial. Reconsideration remains an adequate remedy if an adverse decision is ultimately issued.

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