Alvarez, Humberto

Applicant Humberto Alvarez petitioned for removal of a February 23, 2023 Order taking an expedited hearing off calendar, which the WCJ issued because applicant was relying on an IMR reversal and the WCJ believed it lacked jurisdiction over the IMR matter. Applicant argued the OTOC without an opportunity to make a record caused substantial prejudice and irreparable harm. The Board granted reconsideration because the WCJ's jurisdictional finding presented a threshold issue, and the parties subsequently participated in a commissioners' settlement conference. The parties filed a Joint Stipulation to Remand on November 14, 2023, with applicant withdrawing his petition and defendant withdrawing its objection in exchange for expeditious return to the trial level. The Board rescinded the OTOC and returned the matter to the WCJ for further proceedings consistent with the parties' stipulation.