What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's decision includes a finding regarding a threshold issue, making it a final order subject to reconsideration rather than removal.
Favours Defendant prevailed
This made the petition subject to reconsideration standards rather than removal standards, affecting the outcome.
From the decision · page 2Here, the WCJ's decision includes a finding regarding a threshold issue. Accordingly, the
WCJ's decision is a final order subject to reconsideration rather than removal.
The petitioner did not demonstrate significant prejudice or irreparable harm if removal was denied.
Favours Defendant prevailed
Without showing significant prejudice or irreparable harm, removal was not warranted.
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
significant 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 the petitioner's arguments, we are not persuaded that significant prejudice or
irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate
remedy.
Reconsideration was deemed an adequate remedy if a final decision adverse to the petitioner ultimately issues.
Favours Defendant prevailed
This negated the need for removal as an extraordinary remedy.
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
significant 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 the petitioner's arguments, we are not persuaded that significant prejudice or
irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate
remedy.