Authorities as the decision cited them, with how this panel applied each one.
Labor Code sections 5900(a), 5902, 5903
A petition for reconsideration may properly be taken only from a 'final' order, decision, or award.
The petition challenged a non-final order taking the matter off calendar, which is not subject to reconsideration.
From the decision · page 4A petition for reconsideration may properly be taken only from a
"final" order, decision, or award. (Lab. Code, § 5900(a), 5902,
5903.) A "final" order has been defined as one that either
"determines any substantive right or liability of those involved in
the case" (Rymer v. Hagler (1989) 211 Cal. App. 3d 1171, 1180,
260 Cal. Rptr. 76; Safeway Stores, Inc. v. Workers' Comp. Appeals
Bd. (Pointer) (1980) 104 Cal. App. 3d 528, 534§ 535 [163 Cal. Rptr.
750, 45 Cal. Comp. Cases 410]; Kaiser Foundation Hospitals v.
Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal. App. 3d 39,
45 [43 Cal. Comp. Cases 661]) or determines a "threshold" issue
that is fundamental to the claim for benefits. (Maranian v. Workers'
Comp. Appeals Bd. (2000) 81 Cal. App. 4th 1068, 1070, 1075 [97
Cal. Rptr. 2d 418, 65 Cal. Comp.
Labor Code section 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The decision was issued timely within 60 days of transmission to the Appeals Board on September 12, 2024.
From the decision · page 3Under section 5909(a), the Appeals Board must act on a petition for reconsideration within
60 days of transmission of the case to the Appeals Board. Transmission is reflected in Events in
the Electronic Adjudication Management System (EAMS). Specifically, in Case Events, under
Event Description is the phrase "Sent to Recon" and under Additional Information is the phrase
"The case is sent to the Recon board."
Cal. Code Regs., tit. 8, a7 10843(a)
Removal is an extraordinary remedy rarely exercised by the Appeals Board and will be granted only if the petitioner shows substantial prejudice or irreparable harm and that reconsideration will not be an adequate remedy.
The petition for removal was denied because the applicant failed to demonstrate irreparable harm, significant prejudice, or that reconsideration would not be an adequate remedy.
From the decision · page 5III.
Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 600, fn. 5 [71 Cal.Comp.Cases 155,
157, fn. 5]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70
Cal.Comp.Cases 133, 136, fn. 2].) The Appeals Board will grant removal only if the petitioner