CompFox AI Summary
The Workers' Compensation Appeals Board denied the County of Los Angeles Fire Department's Petition for Removal. The defendant sought to rescind an order allowing the applicant to depose a physician, arguing a due process violation. However, the Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. As a result, the petition was denied because reconsideration would be an adequate remedy if a final adverse decision issues.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied the County of Los Angeles Fire Department's Petition for Removal. The defendant sought to rescind an order allowing the applicant to depose a physician, arguing a due process violation. However, the Board found that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which the defendant failed to demonstrate. As a result, the petition was denied because reconsideration would be an adequate remedy if a final adverse decision issues.
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