What the panel ordered
Petition for removal denied by the Appeals Board panel.
Petition for removal of trial continuance order filed by applicant, seeking to challenge the trial setting and issue identification process by the WCJ.
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 Appeals Board found no substantial prejudice or irreparable harm from the trial continuance order and concluded reconsideration would be an adequate remedy if the matter proceeds to a final decision adverse to the applicant.
From the decision · page 1Applicant seeks removal in response to an Order continuing the matter for trial issued by the trial workers' compensation administrative law judge (WCJ) on July 8, 2024. Applicant contends that the WCJ:
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The trial WCJ deferred identifying issues including AOE/COE until the day of trial and continued the matter to a later date.
Favours Defendant prevailed
The Appeals Board found this did not cause substantial prejudice or irreparable harm to the applicant.
From the decision · page 1Applicant seeks removal in response to an Order continuing the matter for trial issued by the trial workers' compensation administrative law judge (WCJ) on July 8, 2024. Applicant contends that the WCJ:
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; it will be granted only if the petitioner shows substantial prejudice or irreparable harm and that reconsideration will not be an adequate remedy if a final adverse decision issues.
The Appeals Board applied this standard to deny the petition for removal, finding no substantial prejudice or irreparable harm and that reconsideration would be adequate.
From the decision · page 2Cal.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, based upon the WCJ's analysis of the merits of petitioner's arguments, 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.
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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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