Miserendino, Charles

Applicant Charles Miserendino petitioned for removal from a September 10, 2024 order taking the matter off calendar, which had been set for trial on the issue of additional QME panels. The WCJ issued the order off calendar without creating a record or explaining the need for further development of the record, after the trial had been continued three times. The Appeals Board found that issuing this order without a record violated the parties' right to due process and constituted irreparable harm warranting the extraordinary remedy of removal. The Board granted removal, rescinded the September 10, 2024 order, and returned the matter to the trial level to create a record. The Board declined to rule on whether additional panels were warranted, given the absence of a reviewable record.