Johnson, Tiana

Applicant Tiana Johnson sought removal challenging a July 8, 2024 order by the trial WCJ continuing the matter for trial, after the WCJ deferred identification of trial issues (including AOE/COE) and further discovery to the trial date. Applicant argued the deferral violated her due process rights, was procedurally improper because she had not raised AOE/COE in her DOR or indicated discovery was complete, and was contrary to public policy by penalizing her for seeking WCAB assistance with a discovery dispute. The Appeals Board found removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm, and that reconsideration would be inadequate. The Board concluded applicant failed to make that showing because she retains the opportunity at trial to create a record, identify issues, submit evidence, and raise development of the record. The petition was denied, and the Board noted it was arguably premature since trial had not yet occurred.