What the panel ordered
The Appeals Board granted the defendant's petition for removal, rescinded the WCJ's October 18, 2023 order denying the petition for order compelling production, and returned the matter to the trial level for further proceedings.
Defendant filed a petition for removal from the WCJ's Order Denying Petition for Order Compelling Production issued on October 18, 2023, which the WCJ recommended denying. The Appeals Board granted removal and rescinded the WCJ's order, returning the matter to the trial level for further proceedings.
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 order was issued without creating a record or explaining the basis, violating due process and causing irreparable harm, thus justifying removal.
From the decision · page 2tit. 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).) Here, the WCJ ordered the trial off calendar for further development of the record. The trial judge issued this order without creating a record or explaining the basis for the Order and thus, the Order violates the parties' right to due process, which constitutes irreparable harm. Thus, removal is proper in this case.