What the panel ordered
Petition for removal dismissed as moot because WCJ rescinded order within 15 days, no report or Board transmission required.
Petition for removal filed by defendant after order setting matter for trial; WCJ granted petition for reassignment and took matter off calendar within 15-day rescission period for removal petition.
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The WCJ rescinded the order within the 15-day period allowed under WCAB Rule 10955(d), making the petition for removal moot and unnecessary to transmit to the Appeals Board.
From the decision · page 1On January 24, 2024, a workers' compensation administrative law judge (WCJ) issued an order setting the matter for trial. On February 2, 2024, defendant filed a petition for automatic reassignment. On February 12, 2024, defendant filed a petition for removal in response to the order setting the matter for trial. On February 15, 2024, the WCJ granted the petition for reassignment and issued an order taking the matter off calendar.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
WCJ issued order setting matter for trial on January 24, 2024.
Favours neutral
This order triggered the defendant's petition for removal.
From the decision · page 1On January 24, 2024, a workers' compensation administrative law judge (WCJ) issued an order setting the matter for trial. On February 2, 2024, defendant filed a petition for automatic reassignment. On February 12, 2024, defendant filed a petition for removal in response to the order setting the matter for trial. On February 15, 2024, the WCJ granted the petition for reassignment and issued an order taking the matter off calendar.
Defendant filed petition for removal on February 12, 2024.
Favours neutral
The timing of the petition triggered the 15-day rescission period under WCAB Rule 10955(d).
From the decision · page 1On January 24, 2024, a workers' compensation administrative law judge (WCJ) issued an order setting the matter for trial. On February 2, 2024, defendant filed a petition for automatic reassignment. On February 12, 2024, defendant filed a petition for removal in response to the order setting the matter for trial. On February 15, 2024, the WCJ granted the petition for reassignment and issued an order taking the matter off calendar.
WCJ granted petition for reassignment and rescinded order on February 15, 2024, within 15 days.
Favours Defendant prevailed
Rescission within the 15-day period made the petition for removal moot and unnecessary to transmit to the Appeals Board.
From the decision · page 1On January 24, 2024, a workers' compensation administrative law judge (WCJ) issued an order setting the matter for trial. On February 2, 2024, defendant filed a petition for automatic reassignment. On February 12, 2024, defendant filed a petition for removal in response to the order setting the matter for trial. On February 15, 2024, the WCJ granted the petition for reassignment and issued an order taking the matter off calendar.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
WCAB Rule 10955(d) (Cal. Code Regs., tit. 8, 10955(d))
The WCJ rescinded the order within the 15-day period allowed under this rule, making the petition for removal moot.
From the decision · page 1We note that under WCAB Rule 10955(d) (Cal. Code Regs., tit. 8, § 10955(d)), a WCJ has 15 days after the filing of a petition for removal to rescind the order. Here, the WCJ issued the order on February 15, 2024, which was within the 15-day period. Consequently, it was unnecessary for the WCJ to do a Report and transmit the case to the Appeals Board.
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About this page
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