What the panel ordered
Petition for Removal denied by WCAB panel.
Petition for Removal filed by lien claimant David Silver, M.D., seeking removal of WCJ's order on briefing schedule issue; WCJ filed Report recommending denial; WCAB panel decision on removal petition.
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.
The Appeals Board found no substantial prejudice or irreparable harm to petitioner if removal was denied and that reconsideration would be an adequate remedy, thus denying the petition for removal.
From the decision · page 1Removal 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
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.