What the panel ordered
Petition for Reconsideration dismissed as it challenges a non-final order; Petition for Removal denied for failure to demonstrate irreparable harm, significant prejudice, or inadequacy of reconsideration as a remedy.
Petition for Reconsideration filed by applicant's attorney challenging an order taking the matter off calendar; WCJ recommended dismissal of the petition as the order was non-final and denial of removal petition for failure to show irreparable harm or significant prejudice.
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 petition was dismissed because it challenged a non-final order taking the matter off calendar, which is not subject to reconsideration under the law.
From the decision · page 7Accordingly, we dismiss applicant's Petition for Reconsideration as applicant seeks reconsideration of a non-final order taking this matter off calendar. We treat the petition as one seeking removal and deny removal.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The order taking the matter off calendar is a non-final order not subject to reconsideration.
Favours Defendant prevailed
The petition for reconsideration was dismissed because it challenged a non-final order, which is not reviewable under the law.
From the decision · page 7Accordingly, we dismiss applicant's Petition for Reconsideration as applicant seeks reconsideration of a non-final order taking this matter off calendar. We treat the petition as one seeking removal and deny removal.
Petitioner failed to demonstrate irreparable harm, significant prejudice, or that reconsideration would be an inadequate remedy.
Favours Defendant prevailed
Removal was denied on this basis, supporting dismissal of the petition.
From the decision · page 7Accordingly, we dismiss applicant's Petition for Reconsideration as applicant seeks reconsideration of a non-final order taking this matter off calendar. We treat the petition as one seeking removal and deny removal.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Ledezma v. Kareem Cart Commissary and Mfg., (2024) 89 Cal. Comp. Cases 462, 475 (En Banc)
A petition for reconsideration may properly be taken only from a "final" order, decision, or award.
The petition was dismissed because the order taking the matter off calendar was not a final order subject to reconsideration.
Cal. Code Regs., tit. 8, 10843(a)
The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted.
Removal was denied because the petitioner failed to demonstrate irreparable harm, significant prejudice, or that reconsideration would be inadequate.
From the decision · page 5III. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 600, fn. 5 [71 Cal.Comp.Cases 155, 157, fn. 5]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70 Cal.Comp.Cases 133, 136, fn. 2].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10843(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must
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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.
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