Toupe, Kelly

Applicant Kelly Toupe filed a Petition for Removal in three consolidated cases against Phenomenex Inc. and its TPA Sedgwick Claims Management. The WCAB reviewed the petition and the WCJ's report and considered whether removal—an extraordinary remedy—was warranted. The Board found that petitioner failed to demonstrate substantial prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision ultimately issued. The Board noted the parties would have the opportunity at trial to raise all relevant issues, submit evidence, and create a record, including the preliminary issue of whether further discovery was appropriate. The Petition for Removal was denied.