“The appeals board may appoint one or more workers’ compensation administrative law judges in any proceeding, as it may deem necessary or advisable, and may refer, remove to itself, or transfer to a workers’ compensation administrative law judge the proceedings on any claim.”
(Lab. Code, § 5310, as quoted in Gaines, supra, at p. 14.)
“Removal is an extraordinary remedy rarely exercised by the Appeals Board.”
(Gaines, supra, at p. 14, citing Cortez v. Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2.)
“This violates the parties’ due process rights, which constitutes irreparable harm and thus, removal is warranted.”
(Gaines, supra, at p. 16 [re an OSA compelling medical evaluations without hearing].)
“The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable harm will result if removal is not granted.”
(Vazquez, supra, at p. 5, citing Cal. Code Regs., tit. 8, § 10955(a); Cortez, supra; Kleemann, supra.)
“A petitioner must also demonstrate that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner ultimately issues.”
(Vazquez, supra, at p. 5, citing Cal. Code Regs., tit. 8, § 10955(a).)
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