Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The Appeals Board timely acted on the petition within the 60-day period.
From the decision · page 2I.
Former Labor Code section 59091 provided that a petition for reconsideration was deemed
denied unless the Appeals Board acted on the petition within 60 days from the date of filing. (Lab.
Code, § 5909.) Effective July 2, 2024, Labor Code section 5909 was amended to state in relevant
part that:
(a) A petition for reconsideration is deemed to have been denied by the appeals
board unless it is acted upon within 60 days from the date a trial judge transmits a
case to the appeals board.
Cal. Code Regs., tit. 8, 10955(a)
Removal is an extraordinary remedy granted only if significant prejudice or irreparable harm will result and reconsideration is inadequate.
The petitioner failed to demonstrate significant prejudice or irreparable harm to justify removal.
From the decision · page 3II.
Although the decision contains a finding that is final, the petitioner is only challenging
interlocutory findings in the decision regarding further development of the record by obtaining a
supplemental PQME report. Therefore, we will apply the removal standard to our review. (See
Gaona, supra.)
Removal 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
significant 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, 10945 and 10972
Petitions must fairly state all material evidence and each contention separately and clearly.
The defendant's petition lacked specific citations to evidence and was unsupported.
From the decision · page 4relative to the point or points at issue [and] [e]ach contention contained in a petition for
reconsideration... shall be separately stated and clearly set forth" (Cal. Code Regs., tit. 8, § 10945
and (2) that "a petition for reconsideration... may be denied or dismissed if it is unsupported by
specific references to the record and to the principles of law involved." (Cal. Code Regs., tit. 8, § 10972.)