What the panel ordered
Petition for Removal granted; January 25, 2022 Order rescinded; matter returned to trial level for further proceedings and decision by WCJ
Petition for Removal of the January 25, 2022, Order denying election under Labor Code section 5500.5 and refusing additional witnesses, granted and matter returned to WCJ for further proceedings
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 WCAB found that a determination of applicant's competence was necessary before proceeding and that the WCJ erred in denying election and refusing additional witnesses, thus granting removal and returning the matter for further proceedings.
From the decision · page 1Applicant seeks removal of the January 25, 2022, Order wherein the workers' compensation administrative law judge (WCJ) set the matter for trial, did not allow applicant to elect against a defendant pursuant to Labor Code section 5500.5, and refused to allow applicant to add additional witnesses.
The facts that decided it
What the panel treated as outcome-determinative, and which side it favoured.