What the panel ordered
Petition for removal denied by Appeals Board panel.
Petition for removal from order taking case off calendar filed by defendant; WCJ issued order taking case off calendar on February 12, 2026; WCJ filed Report and Recommendation on Petition for Removal recommending denial of removal; no Answer received from applicant; matter reviewed by Appeals Board panel.
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 denied removal because the petitioner did not show substantial prejudice or irreparable harm if removal was denied, and reconsideration was deemed an adequate remedy.
From the decision · page 1Defendant has filed a petition for removal from the order taking the case off calendar issued on February 12, 2026, by the workers' compensation administrative law judge (WCJ). The WCJ noted in the minutes that defendant was to draft a letter to the qualified medical evaluator (QME) requesting that the QME address cumulative injury.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petitioner did not show substantial prejudice or irreparable harm if removal was denied.
Favours Defendant prevailed
This fact led the Appeals Board to deny the petition for removal.
From the decision · page 2ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner.
Reconsideration was deemed an adequate remedy if the matter proceeds to a final adverse decision.
Favours Defendant prevailed
This supported the denial of removal by the Appeals Board.
From the decision · page 2ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner.
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; removal granted only if petitioner shows substantial prejudice or irreparable harm and that reconsideration is not an adequate remedy.
The Appeals Board applied this standard to deny the petition for removal because the petitioner failed to demonstrate substantial prejudice or irreparable harm and reconsideration was adequate.
From the decision · page 1Defendant has filed a petition for removal from the order taking the case off calendar issued on February 12, 2026, by the workers' compensation administrative law judge (WCJ). The WCJ noted in the minutes that defendant was to draft a letter to the qualified medical evaluator (QME) requesting that the QME address cumulative injury.
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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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