Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2; Cal. Code Regs., tit. 8, 10955(a)
Removal is an extraordinary remedy rarely exercised by the Appeals Board; it requires showing substantial prejudice or irreparable harm and that reconsideration is inadequate.
The petition did not demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be inadequate, so removal was denied.
From the decision · page 1Removal 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
substantial 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).) Here, for the reasons stated in the WCJ's
report, we are not persuaded that substantial prejudice or irreparable harm will result if removal is
denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds
to a final decision adverse to petitioner. Accordingly, we will deny the petition to the extent it
seeks removal. We also note that several issues raised in the petition are now moot.
Labor Code section 5311; Code Civ. Proc. section 641; WCAB Rule 10960
A party may seek to disqualify a WCJ under Labor Code section 5311 and Code of Civil Procedure section 641 on grounds including bias or fixed opinion.
The petition failed to set forth detailed facts under penalty of perjury sufficient to establish disqualification.
From the decision · page 2To the extent the petition contends that the WCJ should be disqualified, Labor Code section
5311 provides that a party may seek to disqualify a WCJ upon any one or more of the grounds
specified in Code of Civil Procedure section 641. (Lab. Code, § 5311; see also Code Civ. Proc.,
§ 641.) Among the grounds for disqualification under section 641 are that the WCJ has "formed
or expressed an unqualified opinion or belief as to the merits of the action" (Code Civ. Proc., § 641(f)) or that the WCJ has demonstrated "[t]he existence of a state of mind... evincing enmity
against or bias toward either party" (Code Civ. Proc., § 641(g)).