What the panel ordered
Removal of case to the Appeals Board granted on motion of the Appeals Board; final decision after removal deferred pending further review.
Petition for Disqualification filed by applicant's attorney seeking disqualification of Redding and Eureka District Offices from hearing an attorney fee lien dispute; WCJ recommended denial of removal; Appeals Board granted removal to itself for further review and deferred final decision on merits.
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 has discretionary authority under Labor Code section 5310 to remove proceedings to itself as an extraordinary remedy; removal was granted to obtain additional information and defer final decision on merits.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Applicant's attorney filed a Petition for Disqualification seeking to disqualify the Redding and Eureka District Offices from hearing an attorney fee lien dispute.
Favours Applicant prevailed
This petition triggered the removal process and the Appeals Board's review.
From the decision · page 1On May 20, 2024 applicant's attorney filed a Petition for Disqualification1 seeking to disqualify the entire Redding and Eureka District Offices from hearing an attorney fee lien dispute in this matter. Applicant's attorney filed an amended petition for disqualification on May 20, 2024.
The Appeals Board has discretionary authority under Labor Code section 5310 to remove proceedings to itself as an extraordinary remedy.
Favours Defendant prevailed
This authority justified granting removal to the Appeals Board for further review.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5310
Labor Code section 5310
The Appeals Board is authorized to remove proceedings to itself as necessary in any workers' compensation matter.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
Cal. Code Regs., tit. 8, 10843, subd. (a)
Cal. Code Regs., tit. 8, 10843, subd. (a)
Removal is a discretionary and extraordinary remedy generally employed only as such.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460
Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460
Removal is discretionary and extraordinary remedy.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476
Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476
Removal is discretionary and extraordinary remedy.
From the decision · page 2The Appeals Board is authorized under Labor Code section 5310 to remove to itself, as it deems necessary in any workers' compensation matter, "the proceedings in any claim." This power of removal is discretionary and is generally employed only as an extraordinary remedy. (Cal. Code Regs., tit. 8, § 10843, subd. (a); Castro v. Workers' Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460 (writ den.); Swedlow, Inc. v. Workers' Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ den.).)
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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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