What the panel ordered
Denied defendant's petition for removal from the WCJ's order rescinding dismissal and setting further proceedings.
Defendant filed a petition for removal from the WCJ's order rescinding dismissal of applicant's claim; WCJ recommended granting removal and treating petition for reconsideration as a petition to reopen; WCAB reviewed and decided on removal petition.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Applicant filed the petition for reconsideration within the extended time allowed for service outside California, making it timely; defendant failed to show substantial prejudice or irreparable harm from denial of removal.
From the decision · page 3(Cal. Code Regs., tit. 8, § 10605(a).) Here, the April 7, 2025 order dismissing applicant's claim was served upon a party in
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant filed petition for reconsideration on day 29 after order dismissal was served in Kentucky, within the 30-day extended period allowed for service outside California.
Favours Applicant prevailed
This made the petition timely, supporting denial of removal petition.
From the decision · page 3(Cal. Code Regs., tit. 8, § 10605(a).) Here, the April 7, 2025 order dismissing applicant's claim was served upon a party in
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10955(a); Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274
Removal is an extraordinary remedy rarely exercised by the Appeals Board; must show substantial prejudice or irreparable harm and that reconsideration is inadequate remedy.
Defendant did not establish substantial prejudice or irreparable harm or inadequacy of reconsideration remedy, so removal 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
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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