Case No. ADJ3967688 (MON 0358312)RegularAug 20, 2018
DAVID SMYTHE vs. DART LOGISTICS SERVICES, ZURICH INSURANCE COMPANY
The Workers' Compensation Appeals Board (WCAB) denied David Smythe's Petition for Removal in this case. Removal is an extraordinary remedy that requires a showing of substantial prejudice or irreparable harm. The WCAB found that Smythe failed to demonstrate such harm and that reconsideration would be an adequate remedy if an adverse final decision is issued. Therefore, the Board concluded that removal was not warranted.
Petition for RemovalAppeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationfinal decisionextraordinary remedyADJ3967688Pomona District Office
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