What the panel ordered
Petition for removal denied
Petition for removal from order taking matter off calendar filed by applicant; WCJ took matter off calendar and allowed UEBTF 30 days to obtain QME panel; WCJ instructed applicant to refile DOR if no action by UEBTF; WCJ recommended denial of removal
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 the petitioner did not show substantial prejudice or irreparable harm if removal was denied and that reconsideration would be an adequate remedy if the matter proceeds to a final decision adverse to petitioner.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (the applicant 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 the applicant, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
UEBTF was allowed 30 days to obtain a qualified medical evaluator panel and the applicant was instructed to refile a DOR if no action was taken by UEBTF.
Favours Defendant prevailed
This procedural posture showed that removal was not necessary as the applicant could refile the DOR to get the case back on calendar if UEBTF did not act.
From the decision · page 1Applicant has filed a petition for removal from the order taking the matter off calendar issued on January 13, 2026, by the workers' compensation administrative law judge (WCJ). The WCJ took the matter off calendar and allowed UEBTF thirty days to obtain a qualified medical evaluator panel. The WCJ instructed applicant to refile a DOR if no action was taken by UEBTF.
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); the applicant 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; removal granted only if petitioner shows substantial prejudice or irreparable harm and reconsideration is not an adequate remedy if final decision adverse to petitioner issues.
Applied to deny petition for removal as petitioner did not show substantial prejudice or irreparable harm and reconsideration would be adequate remedy.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (the applicant 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 the applicant, 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.
- 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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