MANUEL VILLARREAL vs. DELUXE LABORATORIES, LIBERTY MUTUAL INSURANCE COMPANY

The Appeals Board denied Defendant's petition for removal, finding no substantial prejudice or irreparable harm, and dismissed their petition for reconsideration as it was not from a final order. The Board noted that Applicant's refiling of dismissed claims was procedurally irregular and that the WCJ incorrectly denied dismissal on procedural grounds without addressing the substantive issue of good cause for relief from dismissal. The case is returned to the trial level for the WCJ to consider Defendant's contention that Applicant must show good cause to set aside the earlier dismissal order and to potentially dismiss the later-filed applications.