CompFox AI Summary
The defendant petitioned for removal of an order setting the matter for trial, arguing that discovery was incomplete. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the WCJ's recommendation. The Board emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, or inadequacy of reconsideration as a remedy. The Board found no such showing and noted that parties would have an opportunity to develop the record at trial.
Full Decision Text1 Pages
The defendant petitioned for removal of an order setting the matter for trial, arguing that discovery was incomplete. The Workers' Compensation Appeals Board (WCAB) denied the petition, affirming the WCJ's recommendation. The Board emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, or inadequacy of reconsideration as a remedy. The Board found no such showing and noted that parties would have an opportunity to develop the record at trial.
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