CompFox AI Summary
The Workers' Compensation Appeals Board denied Palmdale School District's Petition for Removal, which sought to rescind a trial setting order pending a QME's supplemental report. The Board found that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm, as reconsideration would be an adequate remedy. The Board noted the trial had already been taken off calendar and anticipated the report would be received before the rescheduled trial. The case was returned to the trial level for further proceedings.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Palmdale School District's Petition for Removal, which sought to rescind a trial setting order pending a QME's supplemental report. The Board found that removal is an extraordinary remedy and the defendant failed to demonstrate substantial prejudice or irreparable harm, as reconsideration would be an adequate remedy. The Board noted the trial had already been taken off calendar and anticipated the report would be received before the rescheduled trial. The case was returned to the trial level for further proceedings.
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