CompFox AI Summary
The Workers' Compensation Appeals Board denied a Petition for Removal filed by applicant's attorney. The Board adopted the WCJ's report, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The WCJ concluded that the petitioner had ample opportunity for discovery and failed to show good cause for a continuance, particularly regarding the Serious and Willful misconduct claim and dependency issues. Therefore, the Board denied removal, affirming the WCJ's decision to set all issues for trial.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied a Petition for Removal filed by applicant's attorney. The Board adopted the WCJ's report, finding that the petitioner failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The WCJ concluded that the petitioner had ample opportunity for discovery and failed to show good cause for a continuance, particularly regarding the Serious and Willful misconduct claim and dependency issues. Therefore, the Board denied removal, affirming the WCJ's decision to set all issues for trial.
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