NABIL ABD ALLAH vs. MV TRANSPORTATION, INC., BROADSPIRE
The Workers' Compensation Appeals Board denied the Petition for Removal filed by MV Transportation, Inc. and Broadspire. Removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the applicant's failure to attend prior medical exams due to distance and transportation issues, and the need for a new medical report for amended claims, did not meet this high standard. The Board adopted the WCJ's reasoning that the order for examinations by physicians closer to the applicant's residence would facilitate the development of the record and serve substantial justice.