CompFox AI Summary
The Workers' Compensation Appeals Board denied the applicant's request for removal, upholding the WCJ's decision to defer the applicant's Labor Code section 132a discrimination claim. This deferral was deemed appropriate by the Board to await resolution of the fundamental issue of whether the applicant was an employee or an independent contractor, as the protection of section 132a applies only to employees. The Board found no substantial prejudice or irreparable harm to the applicant by this procedural decision.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the applicant's request for removal, upholding the WCJ's decision to defer the applicant's Labor Code section 132a discrimination claim. This deferral was deemed appropriate by the Board to await resolution of the fundamental issue of whether the applicant was an employee or an independent contractor, as the protection of section 132a applies only to employees. The Board found no substantial prejudice or irreparable harm to the applicant by this procedural decision.
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