Partida, Daniel

Defendant filed a petition for removal challenging the WCJ's October 15, 2024 order taking the matter off calendar. Defendant argued that applicant's five-month delay in seeking an evaluation to address permanent disability constituted a waiver of applicant's objection, and that the case should proceed to trial on the existing record. The Appeals Board, relying on the WCJ's Report and Recommendation, found that defendant failed to demonstrate substantial prejudice or irreparable harm, or that reconsideration would be an inadequate remedy. The Board noted that Labor Code section 4061 contains no time limit for objections and that any laches argument requires a showing of prejudice from the delay. Removal was denied.