Southern California Boiler; and Matrix Absence Management, Inc. Diego Jimenez WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADIEGO JIMENEZ, Applicant,vs.SOUTHERN CALIFORNIA BOILER; and MATRIX ABSENCE MANAGEMENT, INC., Defendant(s).Case Nos. ADJ6698892, ADJ6698893,ADJ6698964, ADJ6703588OPINION AND ORDER DENYING PETITION FOR REMOVAL We have considered the allegations of defendant’s Petition for Removal and the contents of the Report and Recommendation on Petition for Removal (Report) of the workers’ compensation administrative law judge (WCJ). Based on our review of the record, and for the reasons stated in the WCJ’s Report, which we adopt and incorporate, we will deny removal. Defendant has not established that it will suffer significant prejudice or irreparable harm if removal is not granted, nor has it shown that reconsideration will not be an adequate remedy if a final decision adverse to it ultimately issues. (Cal. Code Regs., tit. 8, § 10843.) As the WCJ points out, the issues for the pending trial are limited to applicant’s period(s) of temporary disability and his permanent and stationary date. The closure of discovery at the November 10, 2009 mandatory settlement conference (MSC) applies only to those issues. Therefore, defendant is not precluded from deposing the panel qualified medical evaluator, Kourosh Shamlou, M.D., in the future with respect to other issues, including those of permanent disability and apportionment. , For the foregoing reasons,IT IS ORDERED that defendant’s Petition for Removal is DENIED.WORKERS’ COMPENSA TIONAPPEALS BOARD_______________________________ALFONSO J. MORESII CONCUR,_______________________________DEIDRA E. LOWE_______________________________DEPUTYNEIL P. SULLIVANDATED AND FILED AT SAN FRANCISCO, CALIFORNIAJAN 05 0210SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:DIEGO JIMENEZHINDEN & BRESLAVSKYZGRABLICH & MONTG
