What the panel ordered
Petition for Reconsideration dismissed; Removal granted to the Appeals Board; decision after removal deferred.
Petition for Reconsideration or in the Alternative Petition for Removal filed by applicant on January 24, 2024, challenging the January 16, 2024 Order Denying applicant's second Request for Continuance by the WCJ.
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 January 16, 2024 Order Denying applicant's Request for a Continuance is not a final order, so the petition for reconsideration is dismissed. The Appeals Board grants removal on its own motion as an extraordinary remedy under Labor Code section 5310, deferring final decision after removal.
From the decision · page 1On January 24, 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 second 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.