What the panel ordered
Petition for Removal is dismissed as moot.
Defendant sought removal in response to the Order setting the matter for trial on June 14, 2023, issued by a WCJ on April 10, 2023. The petition became moot after the trial WCJ vacated submission on September 12, 2023.
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 became moot after the trial WCJ vacated submission, so the Board dismissed the petition.
From the decision · page 1FOR REMOVAL Defendant sought removal in response to the Order setting the matter for trial on June 14, 2023, issued by a workers' compensation administrative law judge (WCJ) on April 10, 2023. Defendant contended that further discovery was necessary and that the matter should have been taken off calendar. On June 14, 2023, and on July 18, 2023, the parties proceeded to trial. On September 12, 2023, the trial WCJ issued an order vacating submission. Accordingly, the petition for removal is now moot, and we will dismiss the petition.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.