What the panel ordered
Petition for reconsideration dismissed as not from a final order; petition for removal granted; WCJ's order rescinded; matter to proceed off calendar for further record development.
Applicant sought reconsideration of a WCJ order denying a protective order to exclude an employer representative from applicant's deposition; the WCAB treated the petition as one for removal and reviewed the procedural handling of discovery and trial setting.
This docket was decided more than once. Shown here is the latest released decision; we also hold October 21, 2025.
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 WCJ's order was not a final order as it was a discovery order regarding deposition conduct; reconsideration is not available, but removal is granted due to the WCJ's failure to follow required procedures, denying applicant due process in discovery.
From the decision · page 5In the Report, the WCJ notes that applicant first raised the lack of medical evidence on the day of trial and suggests that the issue should have been raised earlier. However, that is the first time that applicant could have raised the issue. When a WCJ bypasses procedures and sets a matter directly onto the trial calendar without joint agreement of the parties, without completing a mandatory settlement conference, and without completing a pre-trial conference statement, the WCJ cannot then fault a party for raising an issue on the day of trial. The Appeals Board has adopted standardized Rules of Practice and Procedure, in part, to prevent this type of error from occurring. The WCJ's failure to follow the Rules of Practice and Procedure in this case resulted in denying applicant's due process right to discovery, and thus removal is appropriate.