What the panel ordered
Petition for removal denied
Petition for removal from order taking matter off calendar filed by applicant; WCJ took matter off calendar and allowed UEBTF 30 days to obtain QME panel; WCJ instructed applicant to refile DOR if no action by UEBTF; WCJ recommended 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 the petitioner did not show substantial prejudice or irreparable harm if removal was denied and that reconsideration would be an adequate remedy if the matter proceeds to a final decision adverse to petitioner.
From the decision · page 1Removal is an extraordinary remedy rarely exercised by the Appeals Board. (the applicant 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 substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, 10955(a); see also the applicant, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner