Friendly Franchisees Corporation dba DFG Restaurants; United States Fire Insurance Company, Administered by Crum & Forster Fernando Alvarado WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIA FERNANDO ALVARADO, Applicant, vs. FRIENDLY FRANCHISEES CORPORATION dba DFG RESTAURANTS;UNITED STATES FIRE INSURANCE COMPANY, administered by CRUM & FORSTER, Defendants. Case No. ADJ9653107 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 lawjudge (WCJ) with respect thereto. 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. 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 harm will result if removal is not granted. (Cal. Code Regs., tit. 8, § 10843(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, § 10843(a).) Here, for the reasons stated in the WCJ’s report, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied and/or that re~onsideration will not be an adequate remedy if the matter ultimately proceeds to a final decision adverse to petitioner./ / // / / , For the foregoing reasons, IT IS ORDERED that the Petition for Removal is DENIED.WORKERS’ COMPENSATION APPEALS BOARDDEPUTY _________________________________
