CompFox AI Summary
The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration because the underlying order, which denied reassignment of the judge, was not a final order subject to reconsideration under Labor Code section 5900. The WCAB dismissed the petition for reconsideration as procedurally improper. Treating the joint petition as a request for removal under Labor Code section 5310, the WCAB denied the parties' request to reassign the case to the previous trial judge, citing the pending disciplinary matter and the lack of demonstrated prejudice.
Full Decision Text1 Pages
The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration because the underlying order, which denied reassignment of the judge, was not a final order subject to reconsideration under Labor Code section 5900. The WCAB dismissed the petition for reconsideration as procedurally improper. Treating the joint petition as a request for removal under Labor Code section 5310, the WCAB denied the parties' request to reassign the case to the previous trial judge, citing the pending disciplinary matter and the lack of demonstrated prejudice.
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