Salvador Penate — ADJ12579904

Applicant Salvador Penate filed a Petition for Removal on March 9, 2021 challenging a Minute Order that continued an expedited trial to April 13, 2021 over his objection. Applicant argued that the temporary disability issue noted in the pending DOR had largely resolved, that a new MPN issue had arisen requiring expedited hearing, and that the WCJ refused to include the MPN issue among those to be heard. While the petition was pending, the matter was continued again on April 13, 2021 to a June 8, 2021 status conference. The Board found that the setting of the status conference rendered the Petition for Removal moot because the status conference would allow the WCJ and parties to address all pending issues. The Board dismissed the Petition for Removal.