CompFox AI Summary
The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought to overturn a trial setting order for a lien trial. The defendant argued the trial setting prejudiced them by not allowing discovery on the Labor Code section 4615 stay issue. The Board found the EAMS notation provided sufficient notice of the potential defense, making discovery feasible. Therefore, removal was denied as there was no substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the defendant's petition for removal, which sought to overturn a trial setting order for a lien trial. The defendant argued the trial setting prejudiced them by not allowing discovery on the Labor Code section 4615 stay issue. The Board found the EAMS notation provided sufficient notice of the potential defense, making discovery feasible. Therefore, removal was denied as there was no substantial prejudice or irreparable harm, and reconsideration would be an adequate remedy.
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