CompFox AI Summary
The Appeals Board denied Applicant's Petition for Removal, which sought to rescind an order setting a trial on the issue of amending a permanent total disability indemnity rate. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Applicant failed to demonstrate. The Board found a good faith legal issue regarding whether the indemnity rate constituted a clerical or judicial error, which requires adjudication at trial. Reconsideration remains an adequate remedy if the Applicant is adversely affected by the trial outcome.
Full Decision Text1 Pages
The Appeals Board denied Applicant's Petition for Removal, which sought to rescind an order setting a trial on the issue of amending a permanent total disability indemnity rate. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Applicant failed to demonstrate. The Board found a good faith legal issue regarding whether the indemnity rate constituted a clerical or judicial error, which requires adjudication at trial. Reconsideration remains an adequate remedy if the Applicant is adversely affected by the trial outcome.
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