What the panel ordered
Petition for removal dismissed as untimely; would have been denied on the merits as well.
Petition for removal filed by Omaha National Insurance Company challenging applicant's election to proceed against ICW after a Mandatory Settlement Conference; petition reviewed for timeliness and merits.
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.
Even if timely, the petition would have been denied on the merits because petitioner did not show substantial prejudice or irreparable harm, nor that reconsideration would be inadequate.
From the decision · page 2II. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner. Thus, had the Petition been timely, we would have denied it on the merits for the reasons stated in the WCJ's Report.
The petition for removal was filed more than 25 days after service of the Minutes of Hearing and thus was untimely under WCAB rules.
From the decision · page 2National Insurance Company" filed its Petition on August 18, 2025. This was more than 25 days after the service, on January 29, 2025, of the January 7, 2025 Minutes of Hearing and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600. (Cal. Code Regs., tit. 8, § 10600.) Thus, the petition is untimely and must be dismissed.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
Petition for removal was filed more than 25 days after service of the Minutes of Hearing.
Favours Defendant prevailed
This made the petition untimely under WCAB rules, requiring dismissal.
From the decision · page 2National Insurance Company" filed its Petition on August 18, 2025. This was more than 25 days after the service, on January 29, 2025, of the January 7, 2025 Minutes of Hearing and beyond whatever extension of time, if any, the petitioner might have been entitled to under WCAB Rule 10600. (Cal. Code Regs., tit. 8, § 10600.) Thus, the petition is untimely and must be dismissed.
Petitioner did not show substantial prejudice or irreparable harm, nor that reconsideration would be inadequate.
Favours Defendant prevailed
Even if timely, these are required for removal to be granted; their absence means the petition would have been denied on the merits.
From the decision · page 2II. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner. Thus, had the Petition been timely, we would have denied it on the merits for the reasons stated in the WCJ's Report.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, §§ 10605(a)(1), 10955(a), 10600, 10615(b), 10940(a)
A petition for removal must be filed within 25 days of service of a non-final decision by mail to a California address; proof of mailing is insufficient, the petition must be received by the WCAB within the time allowed.
Petition was filed more than 25 days after service and thus was untimely.
From the decision · page 1I. There are 25 days allowed within which to file a petition for removal from a "non-final" decision that has been served by mail upon an address in California. (Cal. Code Regs., tit. 8, § 10605(a)(1), 10955(a).) This time limit is extended to the next business day if the last day for filing falls on a weekend or holiday. (Cal. Code Regs., tit. 8, § 10600.) To be timely, however, a petition for removal must be filed with (i.e., received by) the WCAB within the time allowed; proof that the petition was mailed (posted) within that period is insufficient. (Cal. Code Regs., tit. 8, § 10615(b), 10940(a).) The Petition in this matter challenges applicant's election to proceed against defendant ICW, which was made at the January 7, 2025 Mandatory Settlement Conference (MSC). "Omaha
Cal. Code Regs., tit. 8, § 10955(a); Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274
Removal is an extraordinary remedy granted only if petitioner shows substantial prejudice or irreparable harm and that reconsideration is not an adequate remedy.
Petitioner did not show substantial prejudice or irreparable harm, nor that reconsideration would be inadequate.
From the decision · page 2II. Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ's analysis of the merits of petitioner's arguments, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner. Thus, had the Petition been timely, we would have denied it on the merits for the reasons stated in the WCJ's Report.
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