Gallegos, Cecilia

Defendant National Construction Rentals petitioned for removal after a WCJ, at the September 4, 2024 mandatory settlement conference, noted defendant's objection to setting the matter for trial and indicated that the trial judge would determine whether the medical record was sufficient. Defendant argued that cross-examination of the qualified medical evaluator (QME) must occur before the parties proceed to trial. The Appeals Board reviewed the petition and the WCJ's report and denied removal. The Board reasoned that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that defendant would have a full opportunity at trial to submit evidence, cross-examine witnesses, and present legal arguments. The Board concluded defendant failed to demonstrate substantial prejudice or irreparable harm.