What the panel ordered
Petition for Removal granted; case remanded to WCJ for expeditious trial scheduling
Petition for Removal granted and matter returned to WCJ for further proceedings consistent with this decision
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.
The Board found that the trial date of January 17, 2023 was not shown to be the most expeditious date available and granted the Petition for Removal to ensure the trial is scheduled as expeditiously as possible.
From the decision · page 2Labor Code1 section 5502 states, in relevant part, that: The administrative director shall establish a priority conference calendar for cases in which the employee is represented by an attorney or is or was employed by an illegally uninsured employer and the issues in dispute are employment or injury arising out of employment or in the course of employment. The conference shall be conducted by a workers' compensation administrative law judge within 30 days after the declaration of readiness to proceed. If the dispute cannot be resolved at the conference, a trial shall be set as expeditiously as possible, unless good cause is shown why discovery is not complete, in which case status conferences shall be held at regular intervals. The case shall be set for trial when discovery is complete, or when the workers' compensation administrative law judge determines that the parties have had sufficient time in which to complete reasonable discovery. A determination as to the rights of the parties shall be made and filed within 30 days after the trial. (Lab. Code, § 5502(c), emphasis added.)