CompFox AI Summary
The Workers' Compensation Appeals Board considered a Petition for Removal, along with the Answer and the Workers' Compensation Judge's (WCJ) report. The Board concluded that the WCJ's underlying decision primarily resolved an intermediate procedural or evidentiary issue, rather than a final order determining substantive rights or liabilities, or a fundamental threshold issue. Consequently, the Petition was appropriately filed as one for removal, not reconsideration. However, the petitioner failed to demonstrate that substantial prejudice or irreparable harm would result from a denial of removal, or that reconsideration would not be an adequate remedy if an adverse final decision were ultimately issued. Based on these findings, the Petition for Removal was denied.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board considered a Petition for Removal, along with the Answer and the Workers' Compensation Judge's (WCJ) report. The Board concluded that the WCJ's underlying decision primarily resolved an intermediate procedural or evidentiary issue, rather than a final order determining substantive rights or liabilities, or a fundamental threshold issue. Consequently, the Petition was appropriately filed as one for removal, not reconsideration. However, the petitioner failed to demonstrate that substantial prejudice or irreparable harm would result from a denial of removal, or that reconsideration would not be an adequate remedy if an adverse final decision were ultimately issued. Based on these findings, the Petition for Removal was denied.
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