CLIBORIO MAYORGA vs. DEXTER AXLE CHASSIS GROUP, AIG, GALLAGHER BASSETT SERVICES, INC.
The Workers' Compensation Appeals Board denied defendant Dexter Axle's Petition for Removal of an Order Taking Off Calendar (OTOC). The OTOC allowed the applicant to conduct further discovery regarding a change in his permanent disability. Defendant argued this conflicted with a prior Appeals Board decision limiting discovery to apportionment. The Board found no substantial prejudice or irreparable harm to the defendant if removal was denied, and that reconsideration would be an adequate remedy. Therefore, removal was not granted.