What the panel ordered
The Appeals Board denied defendant's petition for removal from the order setting the matter for trial.p. 3
Defendant filed a petition for removal from the order setting the matter for trial issued on May 26, 2026, by the WCJ. The WCJ filed a Report and Recommendation on Petition for Removal recommending denial of removal.
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 Appeals Board found that defendant did not demonstrate substantial prejudice or irreparable harm if removal was denied, nor that reconsideration would be inadequate, based on the WCJ's analysis and the record review.
From the decision · page 1Defendant has filed a petition for removal from the order setting the matter for trial issued on May 26, 2026, by the workers’ compensation administrative law judge (WCJ). Defendant contends that discovery is not yet complete. We have not received an Answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s Report, we will deny removal. 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.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Defendant did not show substantial prejudice or irreparable harm if removal was denied.
Favours Defendant prevailed
This was required to justify removal, which is an extraordinary remedy.
From the decision · page 1Defendant has filed a petition for removal from the order setting the matter for trial issued on May 26, 2026, by the workers’ compensation administrative law judge (WCJ). Defendant contends that discovery is not yet complete. We have not received an Answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s Report, we will deny removal. 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.
Reconsideration was found to be an adequate remedy if a final adverse decision ultimately issues.
Favours Defendant prevailed
This negated the need for removal as an immediate remedy.
From the decision · page 1Defendant has filed a petition for removal from the order setting the matter for trial issued on May 26, 2026, by the workers’ compensation administrative law judge (WCJ). Defendant contends that discovery is not yet complete. We have not received an Answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s Report, we will deny removal. 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.
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; it will grant removal 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.
The Appeals Board applied this standard and found the defendant did not meet the burden to justify removal.
From the decision · page 1Defendant has filed a petition for removal from the order setting the matter for trial issued on May 26, 2026, by the workers’ compensation administrative law judge (WCJ). Defendant contends that discovery is not yet complete. We have not received an Answer from applicant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits of petitioner’s arguments in the WCJ’s Report, we will deny removal. 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.
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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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