What the panel ordered
Petition for Removal denied
Petition for Removal filed and denied by the WCAB panel based on WCJ report analysis
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 petitioner failed to show substantial prejudice or irreparable harm from denial of removal and failed to show reconsideration would be inadequate remedy, based on WCJ's analysis and record review.
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.
Applicant's attorney knew WCJ Thompson was assigned for trial but did not object at any time before or during trial dates, waiving right to automatic reassignment.