CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) denied Xavier Gillette's petition for removal, upholding the WCJ's order closing discovery and setting the case for trial. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Gillette failed to demonstrate. The WCAB adopted the WCJ's reasoning that reconsideration would be an adequate remedy for any potential future adverse decisions. The WCJ found Gillette's arguments regarding unconsidered agreements and changed circumstances lacked merit and did not justify disrupting the trial setting.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) denied Xavier Gillette's petition for removal, upholding the WCJ's order closing discovery and setting the case for trial. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, which Gillette failed to demonstrate. The WCAB adopted the WCJ's reasoning that reconsideration would be an adequate remedy for any potential future adverse decisions. The WCJ found Gillette's arguments regarding unconsidered agreements and changed circumstances lacked merit and did not justify disrupting the trial setting.
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