CompFox AI Summary
Defendant petitioned for removal of a Workers' Compensation Administrative Law Judge (WCJ) order that took the matter off calendar, arguing for prior consideration of a post-termination defense. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, ultimately denying removal. The Board found no substantial prejudice or irreparable harm to the defendant and determined that reconsideration would be an adequate remedy if needed. The decision affirmed the WCJ's discretion in not bifurcating a Labor Code section 3600(a)(10) issue, emphasizing that removal is an extraordinary remedy.
Full Decision Text1 Pages
Defendant petitioned for removal of a Workers' Compensation Administrative Law Judge (WCJ) order that took the matter off calendar, arguing for prior consideration of a post-termination defense. The Workers' Compensation Appeals Board reviewed the petition and the WCJ's report, ultimately denying removal. The Board found no substantial prejudice or irreparable harm to the defendant and determined that reconsideration would be an adequate remedy if needed. The decision affirmed the WCJ's discretion in not bifurcating a Labor Code section 3600(a)(10) issue, emphasizing that removal is an extraordinary remedy.
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