Authorities as the decision cited them, with how this panel applied each one.
Lab. Code, §§ 5900(a), 5902, 5903; Cal. Code Regs., tit. 8, §§ 10945, 10972
A petition for reconsideration may be taken only from a final order, decision, or award; must set forth grounds and cite to the record; skeletal petitions may be dismissed.
Applied to dismiss the petition for reconsideration as skeletal and unsupported.
From the decision · page 6fails to state any grounds upon which reconsideration is sought or to cite with specificity to the
record. Therefore, it is skeletal, and we will dismiss it.
Cal. Code Regs., tit. 8, § 10955(a)
Removal is granted only if petitioner shows substantial prejudice or irreparable harm and that reconsideration is inadequate.
Applied to deny removal as applicant did not show prejudice or irreparable harm.
From the decision · page 6Here, applicant's Petition for Removal describes itself as an "objection to DOR
ADJ3117080 QME Hearing dated August 5, 2025." Both the Minute Order and the stipulation and
Order that issued on August 5, 2025 were at the joint request and/or stipulation of the parties.
Applicant does not state what substantial prejudice or irreparable harm will result if either the
Minute Order or the Stipulation and Order that she initially agreed to remain undisturbed. Thus,
we are not persuaded that significant prejudice or irreparable harm will result if removal is denied
and/or that reconsideration will not be an adequate remedy. Once the parties proceed to trial, they
will have an opportunity to create a record, raise all relevant issues, and submit evidence. The trial
WCJ can then consider the evidence and the legal arguments raised by the parties and determine
how best to proceed.
Lab. Code, § 5311; Cal. Code Regs., tit. 8, § 10960; Code Civ. Proc., § 641
Disqualification of a WCJ requires facts under penalty of perjury establishing grounds under Code Civ. Proc. § 641.
Applied to dismiss petitions for disqualification for lack of factual basis under penalty of perjury.
From the decision · page 8Here, as discussed in the WCJ and PWCJ's reports, to the extent the Petition requests
disqualification of the WCJ and PWCJ, it does not set forth facts, declared under penalty of perjury,
that are sufficient to establish such disqualification pursuant to section 5311, WCAB Rule 10960,
and Code of Civil Procedure section 641(f) and/or (g). Accordingly, we will dismiss the Petition
for Disqualification of the PWCJ and WCJ.