Home/Case Law/MAGDALENA RAMIREZ vs. VINYL TECHNOLOGY, INC.; SEDGWICK
Regular DecisionRemoval

MAGDALENA RAMIREZ vs. VINYL TECHNOLOGY, INC.; SEDGWICK

Filed: Dec 07, 2016
Marina Del Rey
ADJ9854670

CompFox AI Summary

The Workers' Compensation Appeals Board denied Defendant Vinyl Technology's Petition for Removal seeking to set aside a trial date. Defendant argued insufficient discovery had been completed, but the Board found no substantial prejudice or irreparable harm to warrant removal. Although the Board found the petition timely, it adopted the WCJ's reasoning for denying removal. The Board emphasized that removal is an extraordinary remedy and reconsideration will be an adequate remedy if a final adverse decision issues.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Defendant Vinyl Technology's Petition for Removal seeking to set aside a trial date. Defendant argued insufficient discovery had been completed, but the Board found no substantial prejudice or irreparable harm to warrant removal. Although the Board found the petition timely, it adopted the WCJ's reasoning for denying removal. The Board emphasized that removal is an extraordinary remedy and reconsideration will be an adequate remedy if a final adverse decision issues.

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