CompFox AI Summary
The Workers' Compensation Appeals Board dismissed the defendant's petition for removal, finding reconsideration to be the proper remedy. The Board granted reconsideration, construing the defendant's petition as such, and rescinded the prior order awarding attorney fees. The matter is returned to the trial level for further proceedings on the reasonableness of the attorney fee, as the judge did not receive the defendant's objection. The issue of venue is moot as it was corrected prior to the defendant's petition.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board dismissed the defendant's petition for removal, finding reconsideration to be the proper remedy. The Board granted reconsideration, construing the defendant's petition as such, and rescinded the prior order awarding attorney fees. The matter is returned to the trial level for further proceedings on the reasonableness of the attorney fee, as the judge did not receive the defendant's objection. The issue of venue is moot as it was corrected prior to the defendant's petition.
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