CompFox AI Summary
Defendant filed a petition for removal against an order from the WCJ that had rescinded a prior dismissal of the applicant's claim, arguing the applicant's petition for reconsideration was untimely. The Appeals Board determined that the applicant's petition for reconsideration was, in fact, timely due to an extension for out-of-state service. As such, the Board concluded that the defendant failed to demonstrate substantial prejudice or irreparable harm, and therefore denied the petition for removal.
Full Decision Text1 Pages
Defendant filed a petition for removal against an order from the WCJ that had rescinded a prior dismissal of the applicant's claim, arguing the applicant's petition for reconsideration was untimely. The Appeals Board determined that the applicant's petition for reconsideration was, in fact, timely due to an extension for out-of-state service. As such, the Board concluded that the defendant failed to demonstrate substantial prejudice or irreparable harm, and therefore denied the petition for removal.
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