CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, upholding the administrative law judge's order taking the mandatory settlement conference off calendar. The WCAB found that the defendant failed to demonstrate substantial prejudice or irreparable harm, which is required for removal. The judge properly took the case off calendar because a Declaration of Readiness to Proceed was filed before the applicant's primary treating physician provided a medical evaluation addressing permanent disability. The Board concluded that further development of the record by the treating physician was necessary before proceeding.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied the defendant's Petition for Removal, upholding the administrative law judge's order taking the mandatory settlement conference off calendar. The WCAB found that the defendant failed to demonstrate substantial prejudice or irreparable harm, which is required for removal. The judge properly took the case off calendar because a Declaration of Readiness to Proceed was filed before the applicant's primary treating physician provided a medical evaluation addressing permanent disability. The Board concluded that further development of the record by the treating physician was necessary before proceeding.
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