Hodges, Stephen

Defendant UBT Trucking and its insurer petitioned for removal seeking to avoid proceeding to trial on the issue of whether the adjuster's deposition should occur, arguing instead that the issue should be decided without a trial. The WCAB reviewed the petition together with the WCJ's report and found that defendant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board emphasized that removal is an extraordinary remedy rarely exercised. It characterized defendant's contention—that it should not have to proceed to trial and the issue should be resolved without one—as without legal basis and bordering on frivolous, noting that demurrers and summary judgment-type motions are not permitted in WCAB practice. The petition for removal was denied.