MADE-TO-ORDER.COM and LUMBERMEN MUTUAL INSURANCE COMPANY, adjusted by BROADSPIRE, LISA DURAN, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALISA DURAN,vs.MADE-TO-ORDER.COM and LUMBERMEN MUTUAL INSURANCE COMPANY, adjusted by BROADSPIRE, Defendants.Case Nos. ADJ1020943 (SFO 0464302)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant seeks removal of the order that issued in this case at the mandatory settlement conference (MSC) on July 1, 2009, that the medical reports of Revels Cayton, M.D., are admissible in evidence at the time of trial. It is defendant’s contention that lien claimant Boehm and Associates does not have a Constitutional, statutory, or due process right to obtain a medical- legal report on its own behalf. We have considered the allegations of the Petition for Removal, applicant’s answer thereto, and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the workers’ compensation administrative law judge (WCJ). Based upon our review of the record, and for the reasons stated below, we will deny removal. The power of the Appeals Board to remove a case to itself under Labor Code section 5310 is discretionary and is generally employed only as an extraordinary remedy which must be denied absent a showing that substantial prejudice or irreparable injury will result if removal is not granted. (Cal.Code Regs., tit. 8, section 10843(b); Swedlow, Inc. v. Workers’ Comp. Appeals Bd. (Smith) (1985) 48 Cal.Comp.Cases 1460, (writ denied); Castro v. Workers’ Comp. Appeals Bd. (1996) 61 Cal.Comp.Case 1460, (writ denied). In this case, defendant has failed to establish that the MSC WCJ’s determination that the medical reports of Dr. Revels Cayton are admissible at trial will result in significant prejudice or irreparable harm. In this regard, we note the WCJ assigned to , conduct the trial in a case has “… full power, jurisdiction, and authority to hear and determine all issues of fac
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