CompFox AI Summary
Applicant Rutilio Aquino filed a petition for removal from an order issued on August 5, 2025, by a Workers' Compensation Administrative Law Judge (WCJ), which took the matter off calendar. The applicant contended that the case should proceed to trial. Defendants filed an Answer, and the WCJ subsequently filed a Report and Recommendation advising the denial of removal. The Appeals Board, after considering the petition and the WCJ's report, decided to deny the petition, stating that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner were to be issued.
Full Decision Text1 Pages
Applicant Rutilio Aquino filed a petition for removal from an order issued on August 5, 2025, by a Workers' Compensation Administrative Law Judge (WCJ), which took the matter off calendar. The applicant contended that the case should proceed to trial. Defendants filed an Answer, and the WCJ subsequently filed a Report and Recommendation advising the denial of removal. The Appeals Board, after considering the petition and the WCJ's report, decided to deny the petition, stating that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final decision adverse to the petitioner were to be issued.
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