What the panel ordered
Petition for Reconsideration dismissed; Removal granted to Appeals Board; decision after removal deferred
Petition for Reconsideration or Removal filed by applicant, challenging WCJ's Order Denying Request for Continuance; petition dismissed for reconsideration and removal granted to Appeals Board for further review
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 January 16, 2024 Order Denying Request for Continuance is not a final order and thus not subject to reconsideration; removal to the Appeals Board is granted as an extraordinary remedy under Labor Code section 5310.
From the decision · page 1On January 22, 2024, applicant filed a Petition for Reconsideration or in the Alternative Petition for Removal contending, in essence, that the January 16, 2024 Order Denying applicant's Request for Continuance issued by the workers' compensation administrative law judge (WCJ) was a violation of due process. We have considered the allegations of the Petitions and the contents of the Report of the workers' compensation administrative law judge (WCJ) with respect thereto. Based on our review of the record and for the reasons stated below, we will dismiss the petition to the extent that it seeks reconsideration and we will grant removal on motion of the Workers' Compensation Appeals Board (Appeals Board) pursuant to Labor Code section 5310.