Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, former 10843(a), now 10955(a)
Petition for removal granted only if petitioner shows substantial prejudice or irreparable harm and reconsideration is inadequate remedy
Applied to determine whether removal was warranted due to lack of hearing and evidentiary record
From the decision · page 2Removal 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, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020); Cortez, supra; Kleemann, supra.)
Additionally, 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, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020).)
Labor Code 5313
WCJ must make findings and serve summary of evidence relied upon with decision
Applied to find WCJ Order deficient for lack of findings and evidence summary
From the decision · page 2A WCJ is required to "make and file findings upon all facts involved in the controversy
and an award, order, or decision stating the determination as to the rights of the parties. Together
with the findings, decision, order or award there shall be served upon all the parties to the
proceedings a summary of the evidence received and relied upon and the reasons or grounds upon
which the determination was made." (Lab. Code, § 5502, 5313; Cal. Code Regs., tit. 8, former § 10541, now § 10761 (eff. Jan. 1, 2020); see also Blackledge v. Bank of America, ACE American
Insurance Company (Blackledge) (2010) 75 Cal.Comp.Cases 613, 621-622 (Appeals Bd. en
banc)2.)
Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473 (Appeals Bd. en banc)
Decisions must be based on admitted evidence; record must contain issues, admissions, stipulations, and admitted evidence
Applied to find WCJ Order lacked evidentiary basis and record
From the decision · page 3Decisions of the Appeals Board "must be based on admitted evidence in the record."
(Hamilton, supra, at p. 476.) As required by section 5313 and explained in Hamilton, "the WCJ is
charged with the responsibility of referring to the evidence in the opinion on decision, and of
clearly designating the evidence that forms the basis of the decision." (Hamilton, supra, at p. 475.)
In Hamilton, we held that the record of proceeding must contain, at a minimum, "the issues
submitted for decision, the admissions and stipulations of the parties, and the admitted evidence."
(Ibid.)