What the panel ordered
Petition for Removal granted; Minute Order denying automatic reassignment is rescinded and the matter is returned for reassignment to a new WCJ.
Defendant sought removal of a Minute Order denying its petition for automatic reassignment of the case to a different WCJ, arguing lack of notice for a prior expedited hearing. The WCAB reviewed the petition and the WCJ's report.
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.
Defendant did not receive proper notice of the March 25, 2021 expedited hearing, so the obligation to seek reassignment at that time was not triggered under Rule 10788. The hearing was taken off calendar without substantive proceedings, and defendant timely petitioned for reassignment upon receiving valid notice for the September 9, 2021 hearing.
From the decision · page 5Therefore, under the rare circumstances presented in this case, we conclude that defendant was not required to move for automatic reassignment at or prior to the March 25, 2021 expedited hearing in order to preserve the right to seek reassignment of the September 9, 2021 expedited hearing. Accordingly, the August 24, 2021 Petition for Automatic Reassignment should have been granted, and we will grant the Petition for Removal and return the matter to the trial level for reassignment to a new WCJ.2