CompFox AI Summary
In this workers' compensation case, the employer (Defendant) petitioned for removal to challenge a continuance granted by the WCJ. The WCJ continued the trial because the applicant disclosed a pending industrial disability retirement application with PERS. The Appeals Board denied the petition, finding the employer failed to demonstrate substantial prejudice or irreparable harm. While the Board encouraged an earlier trial if possible, the pending PERS application alone was not considered sufficient good cause for removal.
Full Decision Text1 Pages
In this workers' compensation case, the employer (Defendant) petitioned for removal to challenge a continuance granted by the WCJ. The WCJ continued the trial because the applicant disclosed a pending industrial disability retirement application with PERS. The Appeals Board denied the petition, finding the employer failed to demonstrate substantial prejudice or irreparable harm. While the Board encouraged an earlier trial if possible, the pending PERS application alone was not considered sufficient good cause for removal.
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