What the panel ordered
Reconsideration granted; WCJ's order denying consolidation rescinded; matter returned for further proceedings.
Defendant sought reconsideration of a WCJ order denying consolidation of two cases; the Board granted reconsideration, rescinded the order, and returned the matter for further proceedings.
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 should have referred the consolidation issue to the presiding judge and no record was created for the presiding judge to render a decision; thus, the order was rescinded and the matter returned for further proceedings.
From the decision · page 3(2) The complexity of the issues involved; (3) The potential prejudice to any party, including but not limited to whether granting consolidation would significantly delay the trial of any of the cases involved; (4) The avoidance of duplicate or inconsistent orders; and (5) The efficient utilization of judicial resources. (Cal. Code Regs., tit. 8, § 10396(a).) Given the authority cited above, the WCJ should have referred this issue to the presiding judge. Moreover, we note that no record has been created to enable the presiding judge to render a decision. Accordingly, we will grant reconsideration, rescind the WCJ's decision, and return this matter to the trial level for further proceedings consistent with this decision. For the foregoing reasons, IT IS ORDERED that reconsideration of the June 16, 2022 Order denying defendant's Petition for Consolidation is GRANTED.