What the panel ordered
Petition for Removal granted; prior WCJ decision of February 4, 2025 rescinded; matter remanded to WCJ for further proceedings and decision.
Petition for Removal filed by Applicant was not timely reviewed by the WCJ, leading to the Board granting the Petition and remanding the matter back to the WCJ for further proceedings.
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 Petition for Removal was not timely reviewed by the WCJ, which prevented timely action within the statutory timeframe, justifying granting the Petition and remanding the matter for proper consideration.
From the decision · page 4Defendant filed a verified Answer to Petition for Removal on 3/5/2025. For some unknown reason, the Petition for Removal was not reviewed by the undersigned WCJ. My sincerest apologies to the parties and any inconvenience that this delay may have caused. As a result of the WCJ's failure to identify the Petition as one for Removal, neither a timely report and recommendation nor action within the statutory time frame set forth in CCR Section10955 occurred. It is therefore requested that the Petition for Removal be granted and the matter be returned to the WCJ so that the Petition for Removal may be addressed appropriately.