What the panel ordered
Petition for removal dismissed as moot due to settlement by Compromise and Release.
Defendant petitioned for removal of WCJ's discovery orders; while pending, the case settled by Compromise and Release, rendering the petition moot.
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 case settled by Compromise and Release before the Board ruled on the petition, rendering the petition for removal moot.
From the decision · page 26 In preparing this opinion for filing and service, we discovered that this matter was settled
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The case was settled by Compromise and Release approved on January 18, 2011, before the Board ruled on the petition for removal.
Favours neutral
The settlement rendered the petition for removal moot, so the Board dismissed it without reaching the merits.
From the decision · page 26 In preparing this opinion for filing and service, we discovered that this matter was settled
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, § 5952(d)
Any decision by the Appeals Board or a WCJ must be supported by substantial evidence.
The Board noted the requirement for substantial evidence but did not reach the merits due to mootness.
From the decision · page 416 Any decision by the Appeals Board or a WCJ must be supported by substantial evidence.
Cal. Code Regs., tit. 8, § 10843(e)
The WCJ is required, after a petition for removal has been filed, to consult with the presiding WCJ prior to proceeding.
The Board noted this requirement and observed it was not followed, but did not disturb the settlement.
From the decision · page 1014 presiding WCJ prior to proceeding. (Cal. Code Regs., tit. 8, § 10843(e).) It does not appear that
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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.
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