Padilla, Rafael

Applicant Rafael Padilla filed a petition for removal from a September 2, 2025 order setting the matter for trial, arguing that defendant failed to sign the declaration of readiness to proceed and that the matter should therefore have gone off calendar. The WCJ filed a Report recommending denial, and no answer was received from defendant. The Appeals Board, applying the standard that removal is an extraordinary remedy, found that applicant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board emphasized that once the parties proceed to trial, they can create a record, raise all relevant issues and objections, and submit evidence. The petition for removal was denied.