Case Law Database

APRIL TORRES vs. ASHLEY FURNITURE INDUSTRIES, ZURICH AMERICAN INSURANCE

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, deeming it an extraordinary remedy not warranted in this case. The Board found no substantial prejudice or irreparable harm would result from denying removal, nor that reconsideration would be an inadequate remedy. The defendant's contention of abuse of discretion by the WCJ for not striking amended applications was rejected, as objections to these amendments remain available for trial. The defendant's claim of having no other remedy was also refuted, with the Board suggesting filing a new Declaration of Readiness to Proceed to Trial on all issues.