CompFox AI Summary
The defendant petitioned for removal from an order taking the matter off calendar, requesting that the case proceed on a bifurcated issue concerning its affirmative defense under Labor Code section 3208.3(d). The Workers' Compensation Appeals Board reviewed the petition and the Workers' Compensation Administrative Law Judge's (WCJ) report, which recommended denial of removal. The Board ultimately denied the petition, reiterating that removal is an extraordinary remedy granted only under conditions of substantial prejudice or irreparable harm, and finding that reconsideration would be an adequate remedy. Furthermore, the Board upheld the WCJ's discretion in declining to bifurcate the issue.
Full Decision Text1 Pages
The defendant petitioned for removal from an order taking the matter off calendar, requesting that the case proceed on a bifurcated issue concerning its affirmative defense under Labor Code section 3208.3(d). The Workers' Compensation Appeals Board reviewed the petition and the Workers' Compensation Administrative Law Judge's (WCJ) report, which recommended denial of removal. The Board ultimately denied the petition, reiterating that removal is an extraordinary remedy granted only under conditions of substantial prejudice or irreparable harm, and finding that reconsideration would be an adequate remedy. Furthermore, the Board upheld the WCJ's discretion in declining to bifurcate the issue.
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