Simon, Patricia

Applicant Patricia Simon filed a Petition for Removal in her workers' compensation case against Walmart Inc. and its insurer ACE American Insurance Company (administered by Sedgwick). The Appeals Board considered the petition and the WCJ's report, applying the standard that removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The Board found petitioner failed to show such harm or that reconsideration would be an inadequate remedy if a final adverse decision later issued. The Board noted that upon return, either party wishing to proceed to a hearing could simply file a Declaration of Readiness (DOR). The Petition for Removal was denied.