Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5310; Cal. Code Regs., tit. 8, former 10843(a), now 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
The Appeals Board may remove to itself the proceedings on any claim as an extraordinary remedy requiring significant prejudice or irreparable harm or inadequacy of reconsideration remedy.
Removal is discretionary and generally denied absent significant prejudice or irreparable harm or inadequacy of reconsideration remedy.
From the decision · page 2The Appeals Board may remove to itself the proceedings on any claim. (Lab. Code, § 5310.) Removal is discretionary and is generally employed only as an extraordinary remedy which
must be denied absent a showing of significant prejudice or irreparable harm, or that
reconsideration will not be an adequate remedy after issuance of a final order, decision or award.
(Cal. Code Regs., tit. 8, former § 10843(a), now § 10955(a) (eff. Jan. 1, 2020); 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].)
WCAB Rule 10961 (Cal. Code Regs., tit. 8, former 10859, now 10961)
Within 15 days of a timely petition for reconsideration, the WCJ retains authority to issue orders; after 15 days, WCJ may not issue orders until the Appeals Board acts.
The Order was issued within 15 days of the petition for reconsideration and is treated as timely under Rule 10961.
From the decision · page 2The WCJ cited to section 5803 in the disputed Order. Within 15 days of the timely filing
of a petition for reconsideration, the WCJ retains the authority to issue an order regarding the
challenged decision per WCAB Rule 10961. (Cal. Code Regs., tit. 8, former § 10859, now § 10961
(eff. Jan. 1, 2020).) After 15 days from the filing of a petition for reconsideration has elapsed, the
WCJ "shall not issue any order in the case until the Appeals Board has denied or dismissed the
petition for reconsideration or issued a decision after reconsideration." (Id.) The Order here was
issued within 15 days of applicant's Petition for Reconsideration of the Findings of Fact and Award
and therefore, we will treat it as a timely order per Rule 10961 and revise the Order to cite this
Rule in lieu of section 5803.
Cal. Code Regs., tit. 8, former 10348, now 10330; Labor Code sections 5701, 5906; Tyler v. Workers' Comp. Appeals Bd. (1997) 56 Cal.App.4th 389; McClune v. Workers' Comp. Appeals Bd. (1998) 62 Cal.App.4th 1117
WCJ has broad authority to issue interim, interlocutory and final orders necessary for full adjudication, including record development when evidence is insufficient.
WCJ authority includes developing the record when medical evidence is not substantial or issues require adjudication.
From the decision · page 2It is acknowledged that a WCJ has broad authority to issue orders to ensure proper
adjudication of each claim, including "any interim, interlocutory and final orders, findings,
decisions and awards as may be necessary to the full adjudication of the case." (Cal. Code Regs.,
tit. 8, former § 10348, now § 10330 (eff. Jan. 1, 2020).) This includes the discretionary authority
to develop the record when the medical record is not substantial evidence or when necessary to
adjudicate the issues in dispute. (See Lab. Code, § 5701, 5906; Tyler v. Workers' Comp. Appeals
Bd. (1997) 56 Cal.App.4th 389, 394 [62 Cal.Comp.Cases 924]; see McClune v. Workers' Comp.
Appeals Bd. (1998) 62 Cal.App.4th 1117 [63 Cal.Comp.Cases 261].) It is further acknowledged
that WCAB Rule 10961 broadly permits the WCJ to initiate further proceedings upon rescission
of a decision.