John Thompson — ADJ10384508, ADJ11521546

Applicant John Thompson had two pending claims involving defendants Vallejo City Unified School District (permissibly self-insured) and State of California IHSS (legally uninsured). A defendant filed a Petition for Removal challenging issues related to an agreed medical evaluator and further discovery, and also raised concerns about the WCJ's impartiality. The Appeals Board denied removal, finding the petitioner failed to demonstrate substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Board noted the defendant would have the opportunity to raise its AME and discovery arguments before the trial WCJ, who could create a proper record. The Board declined to consider impartiality concerns, noting those must be raised in a petition for disqualification.