SIMILARCASE

Loading

Sign in Sign up Try a case →

California WCABPanel decision

ADJ14400851 · November 23, 2022

Petition for Removal denied

Issues decided: 1
Medical opinions weighed: 1
Authorities named: 1
District office: San Francisco

What the panel ordered

Petition for Removal denied

Petition for Removal filed and considered by the Appeals Board panel

Read the official decision →

This docket was decided more than once. Shown here is the latest released decision; we also hold April 15, 2022.

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.

Reconsideration / removalDefendant prevailed

The petitioner failed to 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 Petition1 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.

Private workspace

Your case already resembles someone else’s. Find whose.

Paste the dispute. The extractor builds the factors, the search finds the decisions the same facts won, and the matter stays saved. Free account.

Start a matter Search without an account →

SCSIMILARCASE

Factor-based workers' compensation case-law research. Reference information and research assistance, not legal advice.

Search WCAB decisions How it works WCAB research Methodology About Privacy Terms All decisions What happened on reconsideration What is in this corpus Law firms in the record Carriers and administrators Six working issues Doctrines Labor Code Title 8 regulations California reference Notices you receive DWC forms Claim status codes District offices QME panel lookup Benefit rates

Petitioner failed to demonstrate substantial prejudice or irreparable harm if removal was denied.

Favours Defendant prevailed

This failure meant the extraordinary remedy of removal was not justified.

From the decision · page 1We have considered the allegations of the Petition1 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.

What the panel did with the medical opinions

The role the physician served, and the weight the opinion carried. Physicians are named here as the decision names them; we do not score them.

otherNot substantial evidence

From the decision · page 2Defendant listed the issue of replacing James O'Dowd, Ph.D., in the September 13, 2022 Pre-Trial Conference Statement and may raise that issue with the trial judge.

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); Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274

Removal is an extraordinary remedy rarely exercised by the Appeals Board; it 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 found the petitioner did not meet this standard based on the WCJ's analysis.

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

Find decisions like this onePanel decision

The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.

Reconsideration / removal →Same office →Search by your own facts →

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.
Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
If you are named in this decision and want this page removed, write to privacy@similarcase.com.

Back to every released decision →

ADJ14400851 — California WCAB decision · SimilarCase