Garcia, John

Applicant John Garcia sought removal, or alternatively reconsideration, of a WCJ's July 16, 2025 minute order denying his oral motion for automatic reassignment of his case away from WCJ Finete. After his cases settled by C&R (approved by WCJ Finete on June 25, 2025), a dispute remained over the division of attorney fees between current and prior counsel, and applicant objected to the matter being reassigned to WCJ Finete for the October 16, 2025 trial. The Board dismissed the petition as one for reconsideration because the minute order was an interlocutory, non-final procedural order, and denied it as one for removal because applicant failed to show significant prejudice or irreparable harm. The Board held that under Labor Code section 5700 and WCAB Rule 10346(c), the matter was properly assigned to WCJ Finete, who had approved the C&R and made the initial attorney fee determination. The Board noted applicant could seek a petition for disqualification of WCJ Finete as an alternative remedy.