What the panel ordered
Petition for Removal denied by the Appeals Board
Petition for Removal filed and considered by the Appeals Board based on the WCJ's report
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 Appeals Board denied the petition because the petitioner did not show substantial prejudice or irreparable harm if removal was denied, and reconsideration was deemed an adequate remedy.
From the decision · page 1We have considered the allegations of the Petition for Removal and the contents of the report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record, and based upon the WCJ's analysis of the merits of petitioner's arguments in the WCJ's report, we will deny removal.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petitioner did not demonstrate that substantial prejudice or irreparable harm would result if removal was denied.
Favours Defendant prevailed
This failure meant the extraordinary remedy of removal was not justified.
From the decision · page 2Accordingly, 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.
Reconsideration was deemed an adequate remedy if a final adverse decision ultimately issues.
Favours Defendant prevailed
This supported denial of the petition for removal as removal was not necessary to prevent harm.
From the decision · page 2Accordingly, 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.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10955(a)
The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted.
Applied to deny the petition for removal because the petitioner did not meet this standard.
From the decision · page 1Removal 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, § 10955(a); 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, § 10955(a).)
Allison v. Workers' Comp. Appeals Bd. (1999) 72 Cal.App.4th 654
WCJ's have authority to decide discovery disputes.
Noted that discovery disputes should be initially raised with the trial WCJ, supporting denial of removal.
From the decision · page 1We observe that it is well established that "WCJ's have authority to decide discovery disputes." (Allison v. Workers' Comp. Appeals Bd. (1999) 72 Cal.App.4th 654, 662 [84 Cal.Rptr.2d 915, 64 Cal.Comp.Cases 624].) In the event that the statutory provisions of the Labor Code are not adequate or convenient, "on appropriate motion and on appropriate showing of good cause, the trial judge has, and should exercise the authority conferred on him by [10330] of our rules to issue such interlocutory orders relating to discovery as he determines are necessary to insure the
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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