What the panel ordered
Petition for reconsideration dismissed; petition for removal denied
Petition for reconsideration and removal of WCJ's denial of automatic reassignment
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 WCJ's denial of automatic reassignment was an interlocutory procedural decision, not a final order, so the petition for reconsideration was dismissed. Removal was denied because the petitioner did not show significant prejudice or irreparable harm and reconsideration was an adequate remedy.
From the decision · page 1Applicant seeks removal, or in the alternative, reconsideration of the workers' compensation administrative law judge's (WCJ) July 16, 2025 minute order denying applicant's request for automatic reassignment.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ's denial of automatic reassignment was an interlocutory procedural decision, not a final order.
Favours Defendant prevailed
Because it was not a final order, the petition for reconsideration was dismissed.
From the decision · page 5Here, the WCJ's decision solely resolves an intermediate procedural or evidentiary issue or issues. The decision does not determine any substantive right or liability and does not determine a threshold issue. Accordingly, it is not a "final" decision, and we will dismiss the Petition as one for reconsideration.
The WCJ who approved the compromise and release was properly assigned to hear related attorney fee issues under Labor Code section 5700.
Favours Defendant prevailed
This justified denial of removal and reassignment to a different WCJ.
From the decision · page 6In this case, WCJ Finete considered the adequacy of the C&R, and approved it by way of the OAC&R. Accordingly, any issues related to the OAC&R should remain with him for adjudication, consistent with Labor Code section 5700. Specifically, as part of his review, he made the initial decision regarding attorney's fees, and the pending issue of division of attorney's fees involves interpretation of the C&R approved by him. Thus, the associated trial is properly assigned to WCJ Finete.
The petitioner did not show significant prejudice or irreparable harm if removal was denied, nor that reconsideration would be inadequate.
Favours Defendant prevailed
This supported denial of the petition for removal.
From the decision · page 6In this case, we are not persuaded that significant 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. Notably, applicant has other avenues for relief, including filing a petition for disqualification of WCJ Finete.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5909
A petition for reconsideration must be acted upon within 60 days of transmission to the Appeals Board.
The decision was timely issued on the 60th day after transmission to the Appeals Board.
From the decision · page 3Here, according to Events, the case was transmitted to the Appeals Board on July 30, 2025 and 60 days from the date of transmission is Sunday, September 28, 2025. The next business day that is 60 days from the date of transmission is Monday, September 29, 2025. (See Cal. Code Regs., tit. 8, § 10600(b).)1 This decision is issued by or on Monday, September 29, 2025, so that we have timely acted on the petition as required by Labor Code section 5909(a).
Labor Code section 5700
Where a hearing is adjourned, it shall be continued and concluded by the same WCJ who previously heard it.
The WCJ who approved the compromise and release was properly assigned to hear the related attorney fee issue, so removal was denied.
From the decision · page 5Labor Code section 5700 requires that where a hearing is adjourned it, "shall be continued to be heard by and shall be concluded and the decision made by the workers' compensation judge who previously heard it." (Lab. Code, § 5700, emphasis added.) WCAB Rule 10346(c), which interprets or makes specific Labor Code section 5700 provides, "To the extent practicable and fair, supplemental proceedings shall be assigned to the workers' compensation judge who heard the original proceedings." (Cal. Code Regs., tit. 8, § 10346 (c), emphasis added.)
Cal. Code Regs., tit. 8, 10955(a)
The Appeals Board will grant removal only if significant prejudice or irreparable harm will result if removal is not granted, and reconsideration will not be an adequate remedy.
The petitioner did not demonstrate significant prejudice or irreparable harm, nor that reconsideration would be inadequate, so removal was denied.
From the decision · page 5Removal 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. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that significant prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
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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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