Dicochea, Perlita, Applicant v. WHITETAIL ENVIRONMENTAL, LLC; THE HARTFORD, administered by CORVEL, Defendants

WORKERS’ COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
PERLITA DICOCHEA, Applicant
vs.
WHITETAIL ENVIRONMENTAL, LLC;
THE HARTFORD, administered by CORVEL, Defendants
Adjudication Number: ADJ20118871
Van Nuys District Office
OPINION AND ORDER
DENYING PETITION
FOR REMOVAL
Defendant has filed a petition for removal from the order issuing a replacement panel QME
and taking the matter off calendar issued on September 17, 2025, by the workers’ compensation
administrative law judge (WCJ).
Defendant contends that the WCJ should have approved a Compromise and Release
without seeking further development of the record.
We have not received an Answer from applicant. 	The WCJ filed a Report and
Recommendation on Petition for Removal (Report) recommending that we deny removal.
We have considered the allegations of the Petition for Removal and the contents of the
WCJ’s Report. Based on our review of the record and based upon the WCJ’s analysis of the merits
of petitioner’s arguments in the WCJ’s Report, we will deny removal.
Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez v.
Workers’ Comp. Appeals Bd. (2006) 136 Cal.App.4th 596, 599, fn. 5 [71 Cal.Comp.Cases 155];
Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 280, fn. 2 [70
Cal.Comp.Cases 133].) The Appeals Board will grant removal only if the petitioner shows that
substantial prejudice or irreparable harm will result if removal is not granted. (Cal. Code Regs.,
tit. 8, 10955(a); see also Cortez, supra; Kleemann, supra.) Also, the petitioner must demonstrate
that reconsideration will not be an adequate remedy if a final decision adverse to the petitioner
ultimately issues. (Cal. Code Regs., tit. 8, § 10955(a).) Here, based upon the WCJ’s analysis of the

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merits of petitioner’s arguments, we are not persuaded that substantial prejudice or irreparable
harm will result if removal is denied and/or that reconsideration will not be an adequate remedy if
the matter ultimately proceeds to a final decision adverse to petitioner.
Decisions 	of 	the 	Appeals 	Board 	“must 	be 	based 	on 	admitted 	evidence 	in 	the
record.” (Hamilton v. Lockheed Corporation (Hamilton) (2001) 66 Cal.Comp.Cases 473, 476
(Appeals Board en banc).) Furthermore, decisions of the Appeals Board must be supported by
substantial evidence. (Lab. Code, §§ 5903, 5952(d); Lamb v. Workmen’s Comp. Appeals Bd.
(1974) 11 Cal.3d 274 [39 Cal.Comp.Cases 310]; Garza v. Workmen’s Comp. Appeals Bd. (1970)
3 Cal.3d 312 [35 Cal.Comp.Cases 500]; LeVesque v. Workmen’s Comp. Appeals Bd. (1970) 1
Cal.3d 627 [35 Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand
the basis for the WCJ’s decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10761.)
Here, the WCJ issued an order suspending action upon the Compromise and Release. At
the subsequent hearing, and according to the minutes, it appears that applicant stated that she “was
told case was already settled, and did not understand that she could see a PQME at no out of pocket
cost.” (Minutes of Hearing, September 17, 2025.) Defendant does not challenge this account in the
minutes, but instead seeks to proceed with approval of the settlement. Defendant has not
established irreparable harm. On these apparent facts, it appears that the WCJ has appropriately
proceeded to obtain the information necessary to determine adequacy of the settlement.
Accordingly, we deny removal.

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For the foregoing reasons,
IT IS ORDERED that defendant’s Petition for Removal from the order issuing a
replacement panel QME and taking the matter off calendar issued on September 17, 2025, by the
WCJ is DENIED.
WORKERS’ COMPENSATION APPEALS BOARD
/s/ ANNE SCHMITZ, DEPUTY COMMISSIONER
I CONCUR,
/s/ JOSÉ H. RAZO, COMMISSIONER
/s/ CRAIG L. SNELLINGS, COMMISSIONER
DATED AND FILED AT SAN FRANCISCO, CALIFORNIA
DECEMBER 2, 2025
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT
THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
PERLITA DICOCHEA
ABRAMSON LABOR GROUP
QUINTAIROS PRIETO
EDL/mt
I certify that I affixed the official seal of the
Workers’ Compensation Appeals Board to this
original decision on this date.
KL