Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5902, 5903
A petition for reconsideration may only be taken from a final order, decision, or award.
The prior decision was not final as it rescinded the WCJ's Findings & Order and returned the matter for further proceedings.
From the decision · page 3II.
A petition for reconsideration may properly be taken only from a "final" order, decision,
or award. (Lab. Code, § 5900(a), 5902, 5903.) A "final" order has been defined as one that either
"determines any substantive right or liability of those involved in the case" (Rymer v. Hagler
(1989) 211 Cal.App.3d 1171, 1180; Safeway Stores, Inc. v. Workers' Comp. Appeals Bd. (Pointer)
(1980) 104 Cal.App.3d 528, 534-535 [45 Cal.Comp.Cases 410]; Kaiser Foundation Hospitals v.
Workers' Comp. Appeals Bd. (Kramer) (1978) 82 Cal.App.3d 39, 45 [43 Cal.Comp.Cases 661])
or determines a "threshold" issue that is fundamental to the claim for benefits. (Maranian v.
Workers' Comp. Appeals Bd. (2000) 81 Cal.App.4th 1068, 1070, 1075 [65 Cal.Comp.Cases 650].)
Interlocutory procedural or evidentiary decisions, entered in the midst of the workers'
compensation proceedings, are not considered "final" orders. (Id. at p.
Lab. Code, § 5909
The Appeals Board must act on a petition for reconsideration within 60 days of transmission of the case to the Appeals Board.
The case was transmitted to the Appeals Board on December 4, 2025, and the decision was issued on February 2, 2026, within the 60-day period.
From the decision · page 2Here, according to Events, the case was transmitted to the Appeals Board on December 4,
2025 and 60 days from the date of transmission is February 2, 2026. This decision is issued by or
on February 2, 2026, so that we have timely acted on the petition as required by Labor Code section
5909(a).
Cal. Code Regs., tit. 8, § 10955(a)
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 petitioner failed to demonstrate substantial prejudice or irreparable harm and reconsideration was deemed an adequate remedy.
From the decision · page 3On the contrary, the Appeals Board's Opinion and
Order rescinded the Findings and Order issued by the WCJ. Accordingly, it is not a "final" decision
and defendant's Petition for Reconsideration will be dismissed.
We will also deny the petition to the extent it seeks removal. 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 ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).)
Here, for the reasons stated in the WCJ's report, 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.