Johnson, Woodrow

Woodrow Johnson sought to challenge a settlement, and defendant Mountains Recreation and Conservation Authority, insured by State Compensation Insurance Fund, filed a Petition for Removal concerning the adequacy of the settlement and the need for further discovery. The WCAB reiterated that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that the petitioner must show reconsideration would be an inadequate remedy. The Board found that no adequate record yet existed to evaluate the merits of defendant's contentions, since the parties could proceed to trial and create a record on whether the settlement should be set aside or enforced, whether it is adequate, and whether further discovery should occur. The Board denied the Petition for Removal but noted defendant is entitled to a credit for monies already paid to applicant under Labor Code section 4909.