MANUEL MARTINEZ vs. WESTWOOD BUILDING MATERIALS, EVEREST INSURANCE COMPANY, administered by SEDGWICK CMS

Defendant Westwood Building Materials sought removal of an order setting a trial date, arguing prejudice due to unresolved discovery regarding the applicant's treatment history and the PQME's lack of review. The Appeals Board denied the petition, adopting the WCJ's recommendation. The Board found defendant failed to demonstrate substantial prejudice or irreparable harm, noting removal is an extraordinary remedy. However, they suggested the trial judge could keep the record open for further PQME reports or depositions.