CompFox AI Summary
Applicant filed a petition for removal from an order taking the matter off calendar, issued on September 10, 2024, by the WCJ. Applicant contended that the issue of additional panels was ripe for adjudication. The Appeals Board granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development, thus constituting irreparable harm. Consequently, the Board rescinded the September 10, 2024 order and returned the matter to the trial level to create a record, refraining from making a judgment on the warrant for additional panels without a formal record.
Full Decision Text1 Pages
Applicant filed a petition for removal from an order taking the matter off calendar, issued on September 10, 2024, by the WCJ. Applicant contended that the issue of additional panels was ripe for adjudication. The Appeals Board granted removal, finding that the WCJ's order violated due process by being issued without creating a record or explaining the need for further development, thus constituting irreparable harm. Consequently, the Board rescinded the September 10, 2024 order and returned the matter to the trial level to create a record, refraining from making a judgment on the warrant for additional panels without a formal record.
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