What the panel ordered
Petition for removal denied by the Appeals Board.
Petition for removal filed by defendant in response to WCJ's order granting continuance and denying defendant's request for trial.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The petitioner failed to show substantial prejudice or irreparable harm if removal was denied, and reconsideration was deemed an adequate remedy if the matter proceeds to a final adverse decision.
From the decision · page 2Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); Cortez, supra; Kleemann, supra.) Additionally, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.