What the panel ordered
Petition for Removal dismissed as moot pursuant to WCAB Rule 10955(d).
Petition for Removal filed by defendant seeking removal of WCJ's Minutes of Hearing and Order and Decision on Request for Continuance; WCJ amended the order to remove the complained harm; WCJ filed a Report and Recommendation to dismiss the petition; WCAB reviewed and dismissed the petition as moot.
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 amended the order complained of within 15 days of the petition filing, removing the harm and thus the petition was deemed automatically dismissed as moot under WCAB Rule 10955(d).
From the decision · page 1We have reviewed the record in this case, the allegations of the Petition for Removal, and the contents of the Report. We will dismiss the Petition for Removal as moot pursuant to WCAB Rule 10955, subdivision (d) (Cal. Code Regs., tit. 8, § 10955(d)).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ amended the Minutes of Hearing and Order and Decision on Request for Continuance within 15 days of the filing of the Petition for Removal to remove the complained harm.
Favours Defendant prevailed
This action resolved the issue raised in the petition, leading to automatic dismissal of the petition as moot under WCAB Rule 10955(d).
From the decision · page 2The Petition for Removal was filed on November 2, 2021. The WCJ amended the MOH on November 4, 2021 in order to remove the order that defendant complete and file a joint pre- trial conference statement before the next hearing.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 10955(d)
WCAB Rule 10955(d)
The rule was applied to dismiss the petition for removal as moot because the WCJ amended the order within 15 days of the petition filing.
From the decision · page 1We have reviewed the record in this case, the allegations of the Petition for Removal, and the contents of the Report. We will dismiss the Petition for Removal as moot pursuant to WCAB Rule 10955, subdivision (d) (Cal. Code Regs., tit. 8, § 10955(d)).
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