Hidalgo, Abel

Applicant's attorney filed a Petition for Reconsideration, or alternatively for Removal, challenging a March 6, 2024 order denying a continuance and setting the matter for trial, arguing trial was set prematurely because discovery was incomplete. The matter had previously been taken off calendar pending settlement, but defendant filed an unopposed DOR after applicant failed to return signed settlement documents. The WCJ set trial over applicant's objection, noting applicant had not objected to the DOR; applicant's counsel then failed to appear at trial and filed the petition the morning of trial. The Appeals Board, relying on its en banc decision in Ledezma, held that an order denying a continuance is not a final order subject to reconsideration. The Board dismissed the petition for reconsideration and, on its own motion, granted removal under Labor Code section 5310, deferring a decision on the merits.