Home/Case Law/MARTHA MUNOZ vs. ACCENTCARE, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PENNSYLVANIA
Regular DecisionRegular Panel Decision

MARTHA MUNOZ vs. ACCENTCARE, INC., NATIONAL UNION FIRE INSURANCE COMPANY OF PENNSYLVANIA

Filed: Mar 07, 2016
Los Angeles
ADJ7798777; ADJ7772822

CompFox AI Summary

The Workers' Compensation Appeals Board (WCAB) denied a petition for removal filed by the defendant, Accentcare, Inc., and its insurer. The defendant sought removal of an order continuing a Mandatory Settlement Conference (MSC) to allow for further discovery, arguing it caused prejudice. The WCAB found that continuances of MSCs are within the judge's discretion and that the order did not demonstrate substantial prejudice or irreparable harm, thus removal was not warranted. The WCAB also noted that reconsideration would be an adequate remedy if issues regarding discovery persisted.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board (WCAB) denied a petition for removal filed by the defendant, Accentcare, Inc., and its insurer. The defendant sought removal of an order continuing a Mandatory Settlement Conference (MSC) to allow for further discovery, arguing it caused prejudice. The WCAB found that continuances of MSCs are within the judge's discretion and that the order did not demonstrate substantial prejudice or irreparable harm, thus removal was not warranted. The WCAB also noted that reconsideration would be an adequate remedy if issues regarding discovery persisted.

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