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Regular DecisionWorkers' Compensation

SAMANTHA BUTLER vs. SAFEWAY, ALBERTSONS HOLDINGS

Filed: Oct 18, 2019
Sacramento
ADJ9540058

CompFox AI Summary

The Workers' Compensation Appeals Board denied Safeway's Petition for Removal, finding it an extraordinary remedy not warranted in this case. The Board determined that Safeway failed to demonstrate substantial prejudice or irreparable harm if removal was denied. Furthermore, the Board concluded that reconsideration would be an adequate remedy if a final decision adverse to Safeway ultimately issues. The WCJ's report also noted Safeway's procedural violation by attaching previously filed deposition transcripts.

Full Decision Text1 Pages

The Workers' Compensation Appeals Board denied Safeway's Petition for Removal, finding it an extraordinary remedy not warranted in this case. The Board determined that Safeway failed to demonstrate substantial prejudice or irreparable harm if removal was denied. Furthermore, the Board concluded that reconsideration would be an adequate remedy if a final decision adverse to Safeway ultimately issues. The WCJ's report also noted Safeway's procedural violation by attaching previously filed deposition transcripts.

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