Pacific Communication Center and Travelers Insurance Company Teresa Marcelo WORKERS’ COMPENSATION APPEALS BOARD2 STATE OF CALIFORNIATERESA MARCELOvs.PACIFIC COMMUNICATION CENTER AND TRAVELERS INSURANCE COMPANY, Defendants.Case Nos. ADJ519600 (LAO 0750758)[ADJ3083321 (LAO 0742550)MF]OPINION AND ORDER DENYING PETITION FOR REMOVAL Pacific Communication Center through Travelers Insurance Company (defendant) seeks removal of the orders that issued at the November 3, 2009 mandatory settlement conference (MSC) setting this case and companion case, ADJ3083321 (LAO 0742550) for further MSC and denying defendant’s request for an order compelling applicant to attend a functional capacity evaluation. Defendant contends that it will suffer irreparable harm if a MSC is held on January 19, 2010, because the declaration of readiness to proceed that gave rise to the November 3, 2009 MSC did not include its case number and, consequently, it was deprived of an opportunity to register an objection. Further, defendant claims that it will be compelled to proceed to MSC without an adequate opportunity to conduct discovery, thereby causing it to be prejudiced. In addition, defendant argues that by denying its request for an order compelling applicant to attend a functional capacity evaluation, the workers’ compensation administrative law judge (WCJ) has deprived it of an opportunity to present its case at trial. We have considered the allegations of the Petition for Removal and the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ. Based upon our review of the record and for the reasons stated by the WCJ in his report, which we adopt and incorporate, we will deny removal. Removal is an extraordinary remedy which is rarely exercised by the Appeals Board absent a showing that substantial prejudice or irreparable injury will result if removal is not granted. , (Swedlow, Inc. v. Workers’ Comp. Appeals B
