Home/Case Law/JAMES GARZA vs. OREILLYS AUTO PARTS, CORVEL
Regular DecisionRemoval

JAMES GARZA vs. OREILLYS AUTO PARTS, CORVEL

Filed: Jan 05, 2017
Fresno
ADJ9950339

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied James Garza's Petition for Removal because it found the WCJ's determination that the orthopedic panel was correct was within the WCAB's jurisdiction. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration is an inadequate remedy. The WCAB was not persuaded that these conditions were met. Therefore, the Petition for Removal was denied.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied James Garza's Petition for Removal because it found the WCJ's determination that the orthopedic panel was correct was within the WCAB's jurisdiction. Removal is an extraordinary remedy granted only when substantial prejudice or irreparable harm will result, and reconsideration is an inadequate remedy. The WCAB was not persuaded that these conditions were met. Therefore, the Petition for Removal was denied.

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