What the panel ordered
Petition for removal granted; order compelling applicant's deposition issued on March 27, 2025, rescinded; matter returned to trial level for further proceedings
Petition for removal from the order compelling applicant's deposition issued by WCJ on March 27, 2025
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 Appeals Board found that the WCJ's order compelling deposition was issued without creating a formal record, violating due process and causing irreparable harm, thus justifying removal.
From the decision · page 1Applicant has filed a petition for removal from the order compelling applicant's deposition issued on March 27, 2025, by the workers' compensation administrative law judge (WCJ).
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued the order compelling applicant's deposition without creating a formal record.
Favours Applicant prevailed
This violated the parties' right to due process and constituted irreparable harm, justifying removal.
From the decision · page 2ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, the WCJ ordered applicant's deposition to proceed pursuant to defendant's petition to compel. The trial judge issued this order without creating a formal record and thus, the order violates the parties right to due process, which constitutes irreparable harm. Accordingly, removal is proper in this case.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
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 substantial prejudice or irreparable harm will result if removal is not granted, and reconsideration is not an adequate remedy.
The WCJ's order was issued without a formal record, violating due process and causing irreparable harm, thus meeting the standard for removal.
From the decision · page 1Applicant contends that a further deposition is not warranted in this matter. We have received an Answer from defendant. The WCJ filed a Report and Recommendation on Petition for Removal (Report) recommending that we deny removal. We have considered the allegations of the Petition for Removal and the contents of the WCJ's Report. Based on our review of the record we will grant removal and as our Decision After Removal, we will rescind the March 27, 2025, order compelling applicant's deposition and return this matter to the trial level to create a record. 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
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About this page
- A published decision of the California Workers' Compensation Appeals Board, taken apart by what it turned on. The Board publishes the decision itself; this page adds the extraction and quotes the passage behind every claim.
- The injured worker is not named here, and the case caption is not printed. Physicians appear as the decision names them, because a medical opinion is an act in a public proceeding.
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