CompFox AI Summary
This case involves ProCentury Insurance's petition for removal, which was denied by the Workers' Compensation Appeals Board. ProCentury argued that allowing the applicant to obtain an additional medical evaluation under Labor Code section 4060 for a denied cumulative trauma claim would cause prejudice. The Board found ProCentury's arguments lacked merit, emphasizing that removal is an extraordinary remedy and ProCentury failed to demonstrate irreparable harm. The Board concluded that, in the interest of substantial justice, the applicant should have the opportunity to pursue the evaluation.
Full Decision Text1 Pages
This case involves ProCentury Insurance's petition for removal, which was denied by the Workers' Compensation Appeals Board. ProCentury argued that allowing the applicant to obtain an additional medical evaluation under Labor Code section 4060 for a denied cumulative trauma claim would cause prejudice. The Board found ProCentury's arguments lacked merit, emphasizing that removal is an extraordinary remedy and ProCentury failed to demonstrate irreparable harm. The Board concluded that, in the interest of substantial justice, the applicant should have the opportunity to pursue the evaluation.
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