What the panel ordered
Petition for reconsideration dismissed and petition for removal denied by the Appeals Board.
Petition for reconsideration and removal filed by applicant's attorney seeking review of WCJ's Order Rescinding Submission and Vacating Finding and Order.
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 reconsideration was dismissed because the WCJ's order was not a final decision, and the petition for removal was denied because the petitioner did not show substantial prejudice or irreparable harm.
From the decision · page 345 ["[t]he term [`final'] does not include intermediate procedural orders"].) Such interlocutory decisions include, but are not limited to, pre-trial orders regarding evidence, discovery, trial setting, venue, or similar issues. Here, the WCJ's decision solely resolves an intermediate procedural or evidentiary issue or issues, rescinding a prior F&O regarding attorney's fees to further develop the record. The decision does not determine any substantive right or liability and does not determine a threshold issue. Accordingly, it is not a "final" decision and the petition will be dismissed to the extent it seeks reconsideration. We will also deny the petition to the extent it seeks removal. Removal 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.