Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274; Cal. Code Regs., tit. 8, 10955(a)
Removal is an extraordinary remedy rarely exercised by the Appeals Board and will be granted only if the petitioner shows substantial prejudice or irreparable harm and that reconsideration will not be an adequate remedy if a final adverse decision issues.
The Appeals Board applied this standard and found the petitioner did not meet the burden to justify removal.
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).) 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.
Coldiron v. Compuware Corp. (2002) 67 Cal.Comp.Cases 289; WCAB Rule 10390
A third-party administrator must disclose the identity of its client, including the insurance carrier, to the WCAB and parties, or face sanctions under Labor Code section 5813.
The Appeals Board found defendant failed to comply with this duty, which could lead to sanctions and affect enforceability of any award.
From the decision · page 2... where an employer's liability for workers' compensation benefits is adjusted
by a third-party administrator, the administrator must disclose to the Workers'
Compensation Appeals Board, to the other parties in any proceeding in which it
is a party, and to its own counsel the identity of its client, whether a self-insured
employer or insurance carrier. If the client is an insurance carrier, the
administrator must disclose whether the policy includes a "high self-insured
retention," a large deductible, or any other provision that affects the identity of
the entity actually liable for the payment of compensation. Failure of the
administrator to disclose the identity of its client may subject it to sanctions
pursuant to Labor Code section 5813.