In this case, Dwayne McClendon is the applicant and City Wide Electronic Systems and Berkshire Hathaway are the defendants. The Workers’ Compensation Appeals Board denied the petition for removal, as removal is an extraordinary remedy rarely exercised by the Appeals Board. The Board found that the petitioner did not show that substantial prejudice or irreparable harm would result if removal was not granted, and that reconsideration would not be an adequate remedy if a final decision adverse to the petitioner ultimately issued. The Board also found that the WCAB had jurisdiction, as an application was filed with the WCAB but was not properly processed due to clerical error.
CITY WIDE ELECRONIC SYSTEMS; BERKSHIRE HATHAWAY DWAYNE McCLENDON WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADWAYNE McCLENDON, Applicant,vs.CITY WIDE ELECRONIC SYSTEMS; BERKSHIRE HATHAWAY, Defendants.Case No. ADJ8083206ORDER 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 with respect thereto. Based on our review of the record, and for the reasons stated in said Report, which we adopt and incorporate, 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, 600, fn. 5 [71 Cal.Comp.Cases 155, 157, fn. 5]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, fn. 2 [70 Cal.Comp.Cases 133, 136, fn. 2].) The Appeals Board will grant removal only if the petitioner shows that substantial prejudice or irreparable
