CITY OF LOS ANGELES FIRE DEPARTMENT; Permissibly Self.Insured, WILLIAM LOWE (Deceased) DARLENE LOWE, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAWILLIAM LOWE (Deceased)DARLENE LOWE, Applicant,vs.CITY OF LOS ANGELES FIREDEPARTMENT; Permissibly Self.Insured, Defendant(s).Case No. ADJ4582669 (SDO0330178)OPINION AND ORDER DENYING PETITION FOR REMOVAL Defendant has filed a timely petition for removal, requesting that the appeals board rescind the Order for Parties to Develop the Record dated March 24, 2009,1 wherein the workers’ compensation administrative law judge (WCJ) stated: “The parties are ordered to develop the record by obtaining supplement reports from their medical evaluators specifically to discuss whether or not William Lowe was exposed to carcinogen in the course and scope of his employment as a firefighter, to identify the primary site of his cancer, and for discussion whether or not any known work related carcinogen is reasonably linked to the cancer condition.” Petitioner contends that the Order is a manifestation of bias on the part of the WCJ and that the Order will result in substantial prejudice and irreparable harm to petitioner. Applicant has filed an answer. William Lowe was employed as a firefighter from April 30, 1980, through June 18, 1990. He was diagnosed with esophageal cancer in June 2003. He died on July 7, 2004. On December 23, 2008, the WCJ issued a Findings and Order, finding that his cancer did not arise out of and occur in the course of his employment. After applicant filed a petition for reconsideration, the WCJ rescinded the Findings and Order pursuant to WCAB Rule 10859 (Cal. Code Regs., tit. 8, § 1Petitioner refers to an order issued at a hearing on February 19, 2009. While we do not doubt that the hearing took place, we are unable to find a record of it in the WCAB file or in EAMS. , 10859). The Order dated March 24, 2009, followed. As to bias, we note that petitioner has appended a Decl
