CompFox AI Summary
The Workers' Compensation Appeals Board denied the petitioner's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the petitioner failed to demonstrate such harm, nor that reconsideration would be an inadequate remedy. The judge's report, adopted by the Board, cited a history of attorney non-appearance and lack of justification for requested fees as reasons for withholding attorney fees pending a hearing.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the petitioner's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found that the petitioner failed to demonstrate such harm, nor that reconsideration would be an inadequate remedy. The judge's report, adopted by the Board, cited a history of attorney non-appearance and lack of justification for requested fees as reasons for withholding attorney fees pending a hearing.
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