CompFox AI Summary
Defendant filed a petition for removal challenging an order issued on October 10, 2024, by the workers' compensation administrative law judge (WCJ), which set the matter for trial and permitted the deposition of a qualified medical evaluator (QME). The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy and requires a showing of substantial prejudice or irreparable harm. The WCAB found that the defendant failed to demonstrate such harm and considered some of the defendant's arguments to be frivolous. The board concluded that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issues.
Full Decision Text1 Pages
Defendant filed a petition for removal challenging an order issued on October 10, 2024, by the workers' compensation administrative law judge (WCJ), which set the matter for trial and permitted the deposition of a qualified medical evaluator (QME). The Workers' Compensation Appeals Board (WCAB) denied the petition, emphasizing that removal is an extraordinary remedy and requires a showing of substantial prejudice or irreparable harm. The WCAB found that the defendant failed to demonstrate such harm and considered some of the defendant's arguments to be frivolous. The board concluded that reconsideration would be an adequate remedy if a final decision adverse to the petitioner ultimately issues.
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