What the panel ordered
May 9, 2024 Minute Orders rescinded and matter returned to trial level
Petition for removal from WCJ's May 9, 2024 Minute Orders granted by WCAB panel
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.
Removal granted because the WCJ's order to take the matter off calendar violated due process by not creating a record or explaining the need for further development, causing irreparable harm to the parties.
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.,
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.