What the panel ordered
Removal granted to the Appeals Board; final decision deferred pending further review.
Petition for Disqualification filed by applicant's attorney; WCJ recommended denial; Appeals Board granted removal to itself for further review and deferred final decision.
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 power 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.
From the decision · page 1On April 25, 2024 applicant's attorney filed a Petition for Disqualification 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 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 entire 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 discretionary review.
From the decision · page 1On April 25, 2024 applicant's attorney filed a Petition for Disqualification 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 rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Labor Code section 5310
The Appeals Board is authorized under Labor Code section 5310 to remove proceedings to itself as necessary in any workers' compensation matter.
Removal granted to obtain additional information and defer final decision.
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)
Removal is a discretionary and extraordinary remedy, generally employed only as an extraordinary remedy.
Removal granted to obtain additional information and defer final decision.
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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