Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2; Cal. Code Regs., tit. 8, former 10843(a), now 10955(a) (eff. Jan. 1, 2020)
Removal is an extraordinary remedy rarely exercised by the Appeals Board and requires showing substantial prejudice or irreparable harm and that reconsideration is inadequate.
The Appeals Board applied this standard to deny the Petition for Removal as no substantial prejudice or irreparable harm was shown and reconsideration was adequate.
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); see also Cortez, supra; Kleemann,
supra.) Also, 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).) Here, based upon the WCJ's analysis of the merits
of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will
result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter
ultimately proceeds to a final decision adverse to petitioner.
Labor Code section 5311; Code of Civil Procedure section 641; WCAB Rule 10960
Grounds for disqualification of a WCJ include forming an unqualified opinion on merits or bias against a party, requiring detailed verified allegations under penalty of perjury.
The Appeals Board applied these standards and found no basis for disqualification of the WCJ as no detailed verified allegations were made and the record showed impartiality.
From the decision · page 2With respect to defendant's petition for disqualification, Labor Code section 5311 provides
that a party may seek to disqualify a WCJ upon any one or more of the grounds specified in Code
of Civil Procedure section 641. (Lab. Code, § 5311; see also Code Civ. Proc., § 641.) Among the
grounds for disqualification under section 641 are that the WCJ has "formed or expressed an
unqualified opinion or belief as to the merits of the action" (Code Civ. Proc., § 641(f)) or that the
WCJ has demonstrated "[t]he existence of a state of mind... evincing enmity against or bias
toward either party." (Code Civ. Proc., § 641(g).)