Erin Garibaldi — ADJ14002953

Applicant Erin Garibaldi's employer, the County of Marin (permissibly self-insured, administered by Athens Administrators), filed a Petition for Removal challenging an interlocutory ruling, apparently relating to the substantiality of Dr. Chmura's medical opinion. The WCAB panel reviewed the petition alongside the WCJ's report and found that the petitioner failed to demonstrate substantial prejudice or irreparable harm. The Board noted that the substantiality of medical evidence is an issue for the trial judge to determine at trial, that no record yet existed to evaluate Dr. Chmura's opinion, and that discovery had not closed. Concluding that reconsideration would be an adequate remedy if a final adverse decision later issued, the Board denied removal.