What the panel ordered
Petition for removal dismissed by Appeals Board so WCJ can treat it as petition to set aside joinder and set for hearing
Petition for removal from order of joinder filed by defendant SCIF, recommended for denial by WCJ, now dismissed by Appeals Board to be treated as petition to set aside joinder and set for hearing
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 that removal is an extraordinary remedy and that the petitioner did not show substantial prejudice or irreparable harm, nor that reconsideration would be inadequate, so removal was denied and the petition was dismissed to be treated as a petition to set aside joinder for hearing by the WCJ.
From the decision · page 1Defendant, SCIF, has filed a petition for removal from the order of joinder issued on October 15, 2024, by the workers' compensation administrative law judge (WCJ).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The petition for joinder filed in EAMS contained a proof of service indicating service upon both CDCR and SCIF
Favours Defendant prevailed
This fact supported the appropriateness of the joinder and undermined the petitioner's claim that service was not received, leading to dismissal of the removal petition.
From the decision · page 2Here, the petition for joinder, which is filed in EAMS contains a proof of service indicating service upon both CDCR and SCIF. On the record before us, defendant's joinder appears appropriate.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5803
The Appeals Board has continuing jurisdiction over all of its orders, decisions, and awards under Labor Code section 5803
The Appeals Board treated the petition for removal as a petition to set aside joinder under its continuing jurisdiction.
From the decision · page 2To the extent that defendant argues that the proof of service is incorrect or that joinder is otherwise improper, and pursuant to Labor Code section 5803, the Appeals Board has continuing jurisdiction over all of its "orders, decisions, and awards." Accordingly, we treat defendant's Petition for Removal as a petition to set aside the joinder. The WCJ may then set a hearing on such a petition and create a record. The WCJ can then consider the evidence and the legal arguments raised by the parties and determine whether defendant's joinder is appropriate.
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; removal granted only if petitioner shows substantial prejudice or irreparable harm and reconsideration would be inadequate
The Appeals Board applied this standard to deny removal because the petitioner did not demonstrate substantial prejudice or irreparable harm, nor that reconsideration would be inadequate.
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
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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.
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