CompFox AI Summary
The Workers' Compensation Appeals Board denied applicant's Petition for Removal, finding no substantial prejudice or irreparable harm. The Board reasoned that the administrative law judge acted within their discretion by setting the case for trial, and any issues regarding discovery disputes or insufficient evidence can be addressed by the trial judge. Applicant's argument that proceeding to trial without completing discovery would cause harm was deemed insufficient for removal. Reconsideration of an adverse decision after trial remains an adequate remedy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied applicant's Petition for Removal, finding no substantial prejudice or irreparable harm. The Board reasoned that the administrative law judge acted within their discretion by setting the case for trial, and any issues regarding discovery disputes or insufficient evidence can be addressed by the trial judge. Applicant's argument that proceeding to trial without completing discovery would cause harm was deemed insufficient for removal. Reconsideration of an adverse decision after trial remains an adequate remedy.
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