Labor Code section 5909
A petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The decision was timely issued on the 60th day after transmission to the Appeals Board.
From the decision · page 3Here, according to Events, the case was transmitted to the Appeals Board on July 30, 2025
and 60 days from the date of transmission is Sunday, September 28, 2025. The next business day
that is 60 days from the date of transmission is Monday, September 29, 2025. (See Cal. Code
Regs., tit. 8, § 10600(b).)1 This decision is issued by or on Monday, September 29, 2025, so that
we have timely acted on the petition as required by Labor Code section 5909(a).
Labor Code section 5700
Where a hearing is adjourned, it shall be continued and concluded by the same WCJ who previously heard it.
The WCJ who approved the compromise and release was properly assigned to hear the related attorney fee issue, so removal was denied.
From the decision · page 5Labor Code section 5700 requires that where a hearing is adjourned it, "shall be continued
to be heard by and shall be concluded and the decision made by the workers' compensation judge
who previously heard it." (Lab. Code, § 5700, emphasis added.) WCAB Rule 10346(c), which
interprets or makes specific Labor Code section 5700 provides, "To the extent practicable and fair,
supplemental proceedings shall be assigned to the workers' compensation judge who heard the
original proceedings." (Cal. Code Regs., tit. 8, § 10346 (c), emphasis added.)
Cal. Code Regs., tit. 8, 10955(a)
The Appeals Board will grant removal only if significant prejudice or irreparable harm will result if removal is not granted, and reconsideration will not be an adequate remedy.
The petitioner did not demonstrate significant prejudice or irreparable harm, nor that reconsideration would be inadequate, so removal was denied.
From the decision · page 5Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
significant prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit.
8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)