Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, § 10843(a)
Removal is granted only if the petitioner shows substantial prejudice or irreparable harm and reconsideration is not an adequate remedy.
The WCAB applied this standard in granting removal of the WCJ's order denying joinder.
From the decision · page 3Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 600, fn. 5 [71 Cal.Comp.Cases 155,
157, fn. 5]; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70
Cal.Comp.Cases 133, 136, fn. 2].) 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, § 10843(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, § 10843(a).)
Labor Code § 3743(c)
The fund shall be a party in interest in all proceedings involving compensation claims against an insolvent self-insurer whose compensation obligations have been paid or assumed by the fund.
The WCAB referenced this statute in discussing SISF's rights and obligations in the proceedings.
From the decision · page 3(a) Upon order of the director pursuant to Section 3701.5, the fund shall assume
the workers' compensation obligations of an insolvent self-insurer.
(b) Notwithstanding subdivision (a), the fund shall not be liable for the payment
of any penalties assessed for any act or omission on the part of any person other
than the fund, including, but not limited to, the penalties provided in Section
132a, 3706, 4553, 4554, 4556, 4557, 4558, 4601.5, 5814, or 5814.1.
(c) The fund shall be a party in interest in all proceedings involving
compensation claims against an insolvent self-insurer whose compensation
obligations have been paid or assumed by the fund. The fund shall have the same
rights and defenses as the insolvent self-insurer, including, but not limited to, all
of the following:
(1) To appear, defend, and appeal claims.
(2) To receive notice of, investigate, adjust, compromise, settle, and pay claims.
(3) To investigate, handle, and deny claims.
Cal. Code Regs., tit. 8, § 10382
A party shall not be joined until 10 days after service of either a petition for joinder by a party or a notice of intention to order joinder issued by a workers' compensation judge, unless the party to be joined waives its right to this notice period.
The WCAB referenced this rule in discussing the procedural requirements for joinder.
From the decision · page 5part, that: "A party shall not be joined until 10 days after service of either a petition for joinder by
a party or a notice of intention to order joinder issued by a workers' compensation judge, unless
the party to be joined waives its right to this notice period." (Cal. Code Regs., tit. 8, § 10382,
(emphasis added).)