Cbc Framing, Inc.; Arch Insurance Company. Ab Gallagher Bassett, Horacio Montoya, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAHORACIO MONTOYA,Applicant,vs.CBC FRAMING, INC.; ARCH INSURANCE COMPANY. AB GALLAGHER BASSETT,Defendants.Case No. ADJ8518632(Sacramento District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND NOTICE OF INTENTION TO ADMIT EVIDENCE Defendant seeks removal of the January 11, 2017 Minute Order, wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to provide a Functional Capacity Evaluation for applicant. Applicant alleged that, while employed as a carpenter on August 24, 2012, he sustained an industrial injury to his head, eye including optic nerve, brain, psyche (in the form of stress), and ear (internal). Defendant contends that the WCJ’s Minute Order will cause it to suffer significant prejudice and irreparable harm. We have considered the Petition for Removal (Petition) and applicant’s Answer, and we have reviewed the record in this matter. The WCJ prepared a Report and Recommendation on Petition for Removal (Report), recommending that the Petition be denied. For the reasons discussed below, we will grant defendant’s Petition. Removal of a case to the WCAB “is an extraordinary remedy, rarely exercised[.]” (Castro v. Workers’ Comp. Appeals Bd. (1996) 61 Cal.Comp.Cases 1460, 1462 (writ den.).) The party seeking removal must show that the order it appeals “will result in significant prejudice [or] … irreparable harm.” (Cal. Code Regs., tit. 8, § 10843.) A WCJ’s decision must be “based on admitted evidence in the record. Such evidence may include: the recorded admissions and stipulations of the parties; the testimony of witnesses, if any; and , documentary evidence including admitted medical records and physicians’ reports (Cal. Code Regs., tit. 8, § 10626), permanent disability evaluation reports (Cal. Code Regs., tit. 8, § 1
