CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a prior order because the WCJ lacked jurisdiction. Neither party had filed an Application for Adjudication of Claim, which is required to establish the WCAB's jurisdiction and commence proceedings. While the defendant's petition for removal was untimely, the WCAB acted on its own motion due to the important jurisdictional issue raised. The WCAB held that without a filed application, it cannot conduct hearings or issue orders.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded a prior order because the WCJ lacked jurisdiction. Neither party had filed an Application for Adjudication of Claim, which is required to establish the WCAB's jurisdiction and commence proceedings. While the defendant's petition for removal was untimely, the WCAB acted on its own motion due to the important jurisdictional issue raised. The WCAB held that without a filed application, it cannot conduct hearings or issue orders.
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