What the panel ordered
Petition for Removal granted; Order of Joinder dated December 16, 2021, rescinded; matter returned to WCJ for further proceedings.
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 issued the Order of Joinder without providing the required notice period for objection and without considering the objection filed late by Perez, resulting in prejudice and lack of due process. The Appeals Board found that removal was warranted to ensure a fair hearing and due process.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Objection to joinder was filed 18 days after service, beyond the 10-day objection period.
Favours Applicant prevailed
This late objection was not considered by the WCJ before issuing the Order of Joinder, violating procedural rules and due process.
From the decision · page 2