CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The defendant's argument that the WCJ denied due process by taking the case off calendar for further discovery was rejected, as it did not prevent the statute of limitations defense from being raised later. Furthermore, the defendant's own actions, by filing a declaration of readiness, re-activated the case, precluding dismissal for lack of prosecution. Case ADJ9593559 remains dismissed.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The defendant's argument that the WCJ denied due process by taking the case off calendar for further discovery was rejected, as it did not prevent the statute of limitations defense from being raised later. Furthermore, the defendant's own actions, by filing a declaration of readiness, re-activated the case, precluding dismissal for lack of prosecution. Case ADJ9593559 remains dismissed.
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