CompFox AI Summary
The Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order taking the matter off calendar. The applicant alleged discrimination and sought to proceed with his Labor Code section 132(a) petition, which had been deemed untimely. The Board found that substantial prejudice would result from denying removal, as a hearing was necessary to determine the timeliness of the 132(a) claim and admit evidence. The applicant's separate petition to disqualify the WCJ was dismissed due to procedural deficiencies and lack of factual support for bias.
Full Decision Text1 Pages
The Appeals Board granted the applicant's petition for removal, rescinding the WCJ's order taking the matter off calendar. The applicant alleged discrimination and sought to proceed with his Labor Code section 132(a) petition, which had been deemed untimely. The Board found that substantial prejudice would result from denying removal, as a hearing was necessary to determine the timeliness of the 132(a) claim and admit evidence. The applicant's separate petition to disqualify the WCJ was dismissed due to procedural deficiencies and lack of factual support for bias.
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