CompFox AI Summary
The Workers' Compensation Appeals Board denied Defendant Sears Holding Corporation's Petition for Removal. Defendant sought to rescind an order designating a physician, arguing the need for further evaluation should be determined post-trial. The Board found removal to be an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. Furthermore, the petition was dismissible as it was unverified, and reconsideration would be an adequate remedy.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board denied Defendant Sears Holding Corporation's Petition for Removal. Defendant sought to rescind an order designating a physician, arguing the need for further evaluation should be determined post-trial. The Board found removal to be an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which was not met here. Furthermore, the petition was dismissible as it was unverified, and reconsideration would be an adequate remedy.
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