CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. The defendant argued that striking a Qualified Medical Examiner (QME) report due to alleged untimeliness would cause undue delay and render prior expenses meaningless. However, the Board adopted the WCJ's reasoning that mere additional expense does not constitute irreparable harm. Therefore, removal was deemed an inappropriate and extraordinary remedy in this case.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. The defendant argued that striking a Qualified Medical Examiner (QME) report due to alleged untimeliness would cause undue delay and render prior expenses meaningless. However, the Board adopted the WCJ's reasoning that mere additional expense does not constitute irreparable harm. Therefore, removal was deemed an inappropriate and extraordinary remedy in this case.
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