What the panel ordered
Petition for Removal denied
Petition for Removal filed by defendant seeking removal of WCJ order denying emergency petition to stay QME examination and motion to close discovery and set trial
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
Petition for removal denied because petitioner failed to show substantial prejudice or irreparable harm and reconsideration was deemed an adequate remedy if adverse final decision issued.
From the decision · page 1We received an answer from applicant. The WCJ issued a Report and Recommendation on Petition for Removal (Report) recommending that the Petition be denied. We have considered the allegations in the Petition, the answer, and the contents of the Report with respect thereto. Based on our review of the record and the WCJ's analysis of the merits of petitioner's arguments, 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.,