CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding the decision to take the case off calendar. The defendant argued the case should proceed to trial as the applicant's primary treating physician had not issued a permanent and stationary report. However, the Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. Reconsideration was deemed an adequate remedy, thus the petition was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal regarding the decision to take the case off calendar. The defendant argued the case should proceed to trial as the applicant's primary treating physician had not issued a permanent and stationary report. However, the Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. Reconsideration was deemed an adequate remedy, thus the petition was denied.
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