Shea, Leslie, Applicant v. LOS ANGELES UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendants

ADJ16716569Calwcab25 nov 2025

Testo completo

WORKERS’ COMPENSATION APPEALS BOARD
STATE OF CALIFORNIA
LESLIE SHEA, Applicant
vs.
LOS ANGELES UNIFIED SCHOOL DISTRICT, permissibly self-insured, Defendants
Adjudication Number: ADJ16716569
Van Nuys District Office
OPINION AND ORDER
DENYING PETITION
FOR REMOVAL
We have considered the allegations of the Petition for Removal and the contents of the
report of the workers’ compensation administrative law judge (WCJ) with respect thereto. 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 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.
2
For the foregoing reasons,
IT IS ORDERED that the Petition for Removal is DENIED.
WORKERS’ COMPENSATION APPEALS BOARD
/s/ KATHERINE A. ZALEWSKI, CHAIR
I CONCUR,
/s/ JOSEPH V. CAPURRO, COMMISSIONER
/s/ KATHERINE WILLIAMS DODD, COMMISSIONER
DATED AND FILED AT SAN FRANCISCO, CALIFORNIA
November 25, 2025
SERVICE MADE ON THE ABOVE DATE ON THE PERSONS LISTED BELOW AT
THEIR ADDRESSES SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD.
LESLIE SHEA
LARSON, LARSON & DAUER
HANNA, BROPHY, MACLEAN, MCALEER & JENSEN
SAR/abs
I certify that I affixed the official seal of the Workers’
Compensation Appeals Board to this original decision
on this date. 	abs

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