Case Law Database

Antonio Banuelos vs. Houweling Nurseries, Intercare Insurance Company

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal because it failed to demonstrate substantial prejudice or irreparable harm. The defendant's arguments that the panel QME's report was not substantial evidence and that they needed more time for discovery were insufficient grounds for removal. The Board found that reconsideration would be an adequate remedy if an adverse decision is eventually issued. Additionally, the petition was noted as being procedurally deficient.