CITY OF CULVER CITY CALIFORNIA CLAIMS MANAGEMENT SERVICES INC Self-Insured TIMOTHY VARNEY WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATIMOTHY VARNEY, Applicant,vs.CITY OF CULVER CITY, CALIFORNIACLAIMS MANAGEMENT SERVICES INC.; Self-Insured, Defendants.Case Nos. ADJ613513 (MON 0312916) ADJ1126752 (MON 0296512) ADJ2252165 (MON 0340651)ADJ3797253 (MON 0323521)(Marina del Rey District Office)OPINION AND ORDERDENYING PETITION FORRECONSIDERATION Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board reverse the Order dated May 14, 2014, wherein the workers’ compensation administrative law judge (WCJ) deferred action on defendant’s motions to exclude medical reports of David David, M.D., the agreed medical evaluator (AME) and to rescind the Order dated January 6, 2009, that requires defendant to pay applicant $490.00 per week and continuing. Defendant contends that these motions must be addressed immediately. Applicant has filed an Answer. 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, fil. 5]; Kleemann v. Workers’ Comp. Appeals Bd. (2005) 127 Cal.App.4th 274, 281, ffi. 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:) The petitioner also 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, petitioner has not met these standards. We note that this matter is set for trial on July 2, 2014, at which defendant’s motions may be addressed. We also note that we denied defendant’s previous petitions for removal on this
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