Marie Martinez — ADJ22241553

Applicant Marie Martinez filed a Petition for Removal challenging a WCJ's interlocutory discovery determination. Because the WCJ's decision incorporated the parties' stipulation to employment—a threshold issue—the decision was deemed a final order subject to reconsideration, so the Board treated the petition as one seeking reconsideration. However, because the petitioner only challenged an interlocutory discovery finding, the Board applied the removal standard to its review. The Board found that the petitioner failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The Board denied the petition and confirmed its decision was timely issued within 60 days of transmission under amended Labor Code section 5909.