What the panel ordered
Petition for Removal granted; May 10, 2023 Order rescinded; matter returned to Associate Chief Judge for reassignment to another WCJ for further proceedings and decision
Petition for Removal of the Order for Further Development of the Record and Order Taking Matter Off Calendar, issued May 10, 2023, granted; May 10, 2023 Order rescinded; matter returned to Associate Chief Judge for reassignment to another WCJ for further proceedings and decision
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 Board found that the WCJ's order to take the matter off calendar and develop the record by deposition would cause prejudicial delay and impair credibility determinations, warranting removal and reassignment to another WCJ for further proceedings.
From the decision · page 1Applicant seeks removal1 in response to the Order for Further Development of the Record and Order Taking Matter Off Calendar (Order), issued by the workers' compensation administrative law judge (WCJ) on May 10, 2023. Therein, the WCJ acknowledged the assertion made by defendant that the WCJ had altered an agreement regarding the provision of home health care after the defendant had signed the agreement. The WCJ's Order took the matter off calendar and further directed the parties to undertake the deposition of the defendant employer.