CompFox AI Summary
The Workers' Compensation Appeals Board denied the County of Monterey's Petition for Removal, upholding the WCJ's decision. The Board found the County failed to demonstrate substantial prejudice or irreparable harm from obtaining a psychiatric evaluation for the applicant. While questioning the applicant's attorney's assertion of late service of a medical report, the Board noted reconsideration remains an adequate remedy. Removal is an extraordinary remedy, and the County did not meet the high threshold required.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the County of Monterey's Petition for Removal, upholding the WCJ's decision. The Board found the County failed to demonstrate substantial prejudice or irreparable harm from obtaining a psychiatric evaluation for the applicant. While questioning the applicant's attorney's assertion of late service of a medical report, the Board noted reconsideration remains an adequate remedy. Removal is an extraordinary remedy, and the County did not meet the high threshold required.
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