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Regular DecisionWorkers' Compensation

JOSE REYNOSO vs. N & N WINDBREAK SERVICES, INC.

Filed: Oct 26, 2016
Oxnard
ADJ10327918

CompFox AI Summary

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy, and the defendant did not show why reconsideration would be inadequate if an adverse decision is ultimately rendered. Furthermore, the defendant improperly filed a supplemental pleading without seeking permission. The defendant's arguments regarding discovery non-compliance were deemed insufficient to warrant removal.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. Removal is an extraordinary remedy, and the defendant did not show why reconsideration would be inadequate if an adverse decision is ultimately rendered. Furthermore, the defendant improperly filed a supplemental pleading without seeking permission. The defendant's arguments regarding discovery non-compliance were deemed insufficient to warrant removal.

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