What the panel ordered
The Appeals Board denied defendant's petition for removal from the WCJ's order denying the petition to quash the subpoena for applicant's medical records.
Defendant filed a petition for removal from the WCJ's Order Denying Petition to Quash dated January 31, 2025, which denied defendant's request to quash a subpoena for applicant's medical records.
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 establish substantial prejudice or irreparable harm if the subpoena for applicant's medical records was not quashed, and reconsideration was deemed an adequate remedy if a final adverse decision issued.
From the decision · page 2substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, defendant has not established substantial prejudice or irreparable harm if applicant is permitted to subpoena a copy of her own medical files. As noted by the WCJ, any issue as to whether such a cost is a reasonable litigation expense is deferred.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant failed to show substantial prejudice or irreparable harm if the subpoena for applicant's medical records was not quashed.
Favours Applicant prevailed
This failure meant removal was not warranted and the petition was denied.
From the decision · page 2substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, defendant has not established substantial prejudice or irreparable harm if applicant is permitted to subpoena a copy of her own medical files. As noted by the WCJ, any issue as to whether such a cost is a reasonable litigation expense is deferred.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 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
Removal is an extraordinary remedy rarely exercised by the Appeals Board and will be granted only if the petitioner shows substantial prejudice or irreparable harm and that reconsideration will not be an adequate remedy if a final adverse decision issues.
Defendant did not establish substantial prejudice or irreparable harm and reconsideration was deemed adequate.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (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].) The Appeals Board will grant removal only if the petitioner shows that
What proof carried it
The evidence the panel weighed, by kind.
Defendant did not establish substantial prejudice or irreparable harm if the subpoena was not quashed.
From the decision · page 2substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, defendant has not established substantial prejudice or irreparable harm if applicant is permitted to subpoena a copy of her own medical files. As noted by the WCJ, any issue as to whether such a cost is a reasonable litigation expense is deferred.
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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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