What the panel ordered
The petition for removal is dismissed as moot because the trial was taken off calendar to permit additional discovery.
Defendant filed a petition for removal from the order setting the matter for trial issued on June 24, 2025, by the WCJ, alleging incomplete discovery.
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 petition for removal is dismissed as moot because the trial was taken off calendar to permit additional discovery, making the issue raised moot.
From the decision · page 1Accordingly, we will dismiss the petition for removal as the issue raised is now moot. We would note that this scenario is precisely why, absent extraordinary circumstances, it is improvident to file petitions for removal from orders setting a matter for trial. If a matter is not ready to proceed to trial, the party should present such request to the assigned trial judge and if the request is denied, they may create a record from which the Appeals Board can decide whether further discovery is warranted. (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476 (Appeals Board en banc).)