CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied a defendant's Petition for Removal of an administrative order setting a trial date. The defendant argued the order would cause irreparable harm, but failed to demonstrate how presenting an intoxication defense at trial would be prejudicial. The WCAB found that any issues regarding a qualified medical evaluator could be addressed by the judge at trial, thus no extraordinary remedy of removal was warranted. The matter will proceed to trial as scheduled.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied a defendant's Petition for Removal of an administrative order setting a trial date. The defendant argued the order would cause irreparable harm, but failed to demonstrate how presenting an intoxication defense at trial would be prejudicial. The WCAB found that any issues regarding a qualified medical evaluator could be addressed by the judge at trial, thus no extraordinary remedy of removal was warranted. The matter will proceed to trial as scheduled.
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