RIGOBERTO MONTOYA, vs. GRAEBEL VAN-LINES HOLDINGS, LLC, ARCH INSURANCE COMPANY, ONE BEACON, BRENTWOOD SERVICE ADMINISTRATORS, INC., GALLAGHER BASSETT

Defendant Arch Insurance sought removal of a trial setting order, claiming irreparable harm due to incomplete discovery, specifically the applicant's refusal to provide a Social Security earnings release. The Appeals Board denied the petition, finding that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not demonstrated here. The Board noted that the issues of employment, coverage, and the need for the earnings statement are still before the Workers' Compensation Judge. Consequently, the petition was denied, and the WCJ was advised to potentially convert the trial to a priority conference to address discovery.