What the panel ordered
Petitions for reconsideration were dismissed and petitions for removal were denied.
Petitions for reconsideration and removal seeking review of the WCJ Joint Findings and Order issued October 21, 2025, were considered by the WCAB panel.
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 WCAB applied the removal standard for interlocutory issues and found no substantial prejudice or irreparable harm if removal was denied, and reconsideration would be an adequate remedy.
From the decision · page 3Removal 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 ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's Joint Findings and Order addressed only an interlocutory issue regarding development of the record, not threshold issues.
Favours Defendant prevailed
This meant the removal standard for interlocutory decisions applied, which requires showing substantial prejudice or irreparable harm to grant removal.
From the decision · page 3The WCJ's F&O only addresses an interlocutory issue: development of the record. The F&O does not address threshold issues. The petitioners are only challenging an interlocutory finding and order and, therefore, we will apply the removal standard to our review. (See Gaona, supra.)
The petitioners failed to demonstrate substantial prejudice or irreparable harm if removal was denied, and reconsideration would be an adequate remedy.
Favours Defendant prevailed
Without such a showing, removal is not warranted under the applicable standard.
From the decision · page 3Removal 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 ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
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)
Removal standard for interlocutory decisions requiring showing of substantial prejudice or irreparable harm and inadequacy of reconsideration as a remedy
Applied to deny removal petitions as interlocutory issue was involved and no substantial prejudice or irreparable harm was shown.
From the decision · page 3Removal 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 ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
Lab. Code, § 5909
Petition for reconsideration deemed denied if not acted upon within 60 days of transmission to Appeals Board
Explained the 60-day period for acting on petitions for reconsideration and notice requirements.
From the decision · page 1I. Former Labor Code section 59091 provided that a petition for reconsideration was deemed denied unless the Appeals Board acted on the petition within 60 days from the date of filing.
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
About this page
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