RELIANCE STEEL AND ALUMINUM CO.; ACE AMERICAN, ADMINISTERED BY ESIS HARRY BURTOVOY, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHARRY BURTOVOY, Applicant,vs.RELIANCE STEEL AND ALUMINUM CO.;ACE AMERICAN, ADMINISTERED BY ESIS Defendant(s).Case No. ADJ3126343 (SJO 0267355)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 for the reasons stated in said report which we adopt and incorporate, we will deny removal. Removal is an extraordinary remedy which is rarely exercised by the Board absent a showing that substantial prejudice or irreparable injury will result if removal is not granted. (Cal. Code Regs., tit. 8, section 10843; Swedlow, Inc. v. Workers’ Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 476 (writ denied); Castro v. Workers’ Comp. Appeals Bd. (1996) 61 Cal.Comp.Case 1460, (writ denied); Bulmer v. Circle K Corp. (1986) SAL 93830, 14 Cal. Workers’ Comp. Rptr. 160 (Board panel).) Based upon the foregoing, and our review of the record, we are not persuaded that substantial prejudice or irreparable harm will result if removal is denied.//////////// , For the foregoing reasons, IT IS ORDERED that said Petition for Removal is DENIED. WORKERS’ COMPENSATION APPEALS BOARD _____________________________ ALFNSO J. MORESII CONCUR,_____________________________ NEIL P. SULLIVANCONCURRING, BUT NOT SIGNING_____JAMES C. CUNEO________DATED AND FILED AT SAN FRANCISCO, CALIFORNIAFEB 19 2009SERVICE MADE BY MAIL ON ABOVE DATE ON THE PERSONS LISTED BELOW AT THEIR ADDRESSES AS SHOWN ON THE CURRENT OFFICIAL ADDRESS RECORD:STOCKWELI, HARRIS, ET ALTHE CARLO LAW GROUP HARRYBURTOVOYbgr ADJ3126343
