What the panel ordered
Order of WCJ taking matter off calendar on February 23, 2023 rescinded; matter returned to WCJ for further proceedings consistent with parties' stipulation.
Petition for removal of the WCJ's order taking the matter off calendar was filed by applicant and denied by WCJ; reconsideration granted to study jurisdictional issue; parties stipulated to remand 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.
Reconsideration was granted because the WCJ's finding on lack of jurisdiction was a threshold issue requiring further study.
From the decision · page 11 Commissioner Dodd, who was previously a member of this panel, is currently unavailable. Another panelist has been substituted in her place. 2 Reconsideration was granted of the petition for removal since the WCJ's finding on the Minutes regarding lack of jurisdiction is a threshold issue.. (See, Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122].)
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.
The WCJ issued an order taking the matter off calendar on February 23, 2023, citing lack of jurisdiction over the IMR matter.
Favours Applicant prevailed
This order was the subject of the petition for removal and was found to raise a threshold jurisdictional issue requiring reconsideration.
From the decision · page 1applicant petitioned for removal of the February 23, 2023 Order taking the expedited hearing of this matter off calendar by the workers' compensation administrative law judge (WCJ) over his objection. In that Order Taking the Matter Off Calendar (OTOC), the WCJ stated as follows:
The parties stipulated to remand the matter to the trial judge for further proceedings and evidence admission.
Favours neutral
The stipulation resolved the procedural dispute and allowed the matter to proceed on a complete record.
From the decision · page 2On November 14, 2023, the parties filed a Joint Stipulation to Remand the Matter to the trial judge to create a record and issue a decision based upon the evidence presented. In consideration for this matter being expeditiously returned to the trial level, the applicant agreed to withdraw his Petition for Removal and defendant agreed to withdraw their objection to the issue being submitted to the trial judge for decision.
The rules the panel named
Authorities as the decision cited them, with how this panel applied each one.
Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122]
The WCJ's jurisdiction over IMR matters is a threshold issue requiring review.
Reconsideration was granted to study the jurisdictional issue raised by the WCJ's order taking the matter off calendar.
From the decision · page 11 Commissioner Dodd, who was previously a member of this panel, is currently unavailable. Another panelist has been substituted in her place. 2 Reconsideration was granted of the petition for removal since the WCJ's finding on the Minutes regarding lack of jurisdiction is a threshold issue.. (See, Capital Builders Hardware, Inc. v. Workers' Comp. Appeals Bd. (Gaona) (2016) 5 Cal.App.5th 658, 662 [81 Cal.Comp.Cases 1122].)
The same issues, filtered across the whole corpus — or paste your own facts and let the search rank by factor match.
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.
- Issues, outcomes and weights were extracted by AI and released only where the source passage checked. Read the official decision before relying on anything here. Not legal advice.
- If you are named in this decision and want this page removed, write to privacy@similarcase.com.