What the panel ordered
Petition for removal dismissed as moot; case returned to trial level
Petition for removal filed by Berkshire Hathaway Homestate Companies on behalf of Cypress Insurance Company challenging WCJ's denial of expedited hearing; case removed to Appeals Board on its own motion; WCJ report recommended denial of removal; removal petition dismissed as moot after 90-day period expired
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 WCJ erred in not proceeding with the expedited hearing requested by defendant during the 90-day period under Labor Code section 5402(b) for medical treatment through the MPN, but the petition for removal is dismissed as moot because the 90-day period has expired and no remedy is available.
From the decision · page 116 A Petition For Removal (Petition) was filed by Berkshire Hathaway Homestate Companies
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ took case off calendar because defendant had not admitted or denied liability and 90-day period had not elapsed