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 rarely exercised by the Appeals Board and will be granted only if the petitioner shows substantial prejudice or irreparable harm if removal is not granted, and that reconsideration will not be an adequate remedy if a final adverse decision issues.
The WCJ's analysis showed no substantial prejudice or irreparable harm and reconsideration was adequate, so removal was denied.
From the decision · page 2Removal 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.
WCAB Rule 10430(d)
A presiding WCJ or the Appeals Board may enter a pre-filing order prohibiting a vexatious litigant from filing without leave.
Applicant failed to obtain leave before filing new applications, violating the pre-filing order.
From the decision · page 2Pursuant to WCAB Rule 10430(d):
(d) If a party is declared to be a vexatious litigant, a presiding workers'
compensation judge or the Appeals Board may enter a "prefiling order," i.e., an
order which prohibits the vexatious litigant from filing, in propria persona, any
Application for Adjudication of Claim, Declaration of Readiness to Proceed,
petition or other request for action by the Workers' Compensation Appeals Board
without first obtaining leave of the presiding workers' compensation judge of the
district office where the request for action is proposed to be filed or, if the matter is
pending before the Appeals Board on a petition for reconsideration, removal or
disqualification, without first obtaining leave from the Appeals Board. For purposes
of this rule, a "petition" shall include, but not be limited to, a petition to reopen
under Labor Code sections 5410, 5803 and 5804, a petition to enforce a medical
treatment award, a penalty petition or any other petition seeking to enforce or
expand the vexatious litigant's previously determined rights.