Cal. Code Regs., tit. 8, 10955(a); Cortez v. Workers' Comp. Appeals Bd. (2006) 136 Cal.App.4th 596; Kleemann v. Workers' Comp. Appeals Bd. (2005) 127 Cal.App.4th 274
Removal requires showing substantial prejudice or irreparable harm and that reconsideration is inadequate remedy.
The defendant met the standard by showing the WCJ's order lacked evidentiary basis and due process, warranting removal.
From the decision · page 3Removal is an extraordinary remedy rarely exercised by the Appeals Board. (Cortez
v. Workers' Comp. Appeals Bd. (Cortez) (2006) 136 Cal.App.4th 596, 599, fn. 5 [71
Cal.Comp.Cases 155]; Kleemann v. Workers' Comp. Appeals Bd. (Kleemann) (2005) 127
Cal.App.4th 274, 280, fn. 2 [70 Cal.Comp.Cases 133].) 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, § 10955(a); see also Cortez, supra; Kleemann, supra.) Also,
the petitioner 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, § 10955(a).)
Lab. Code, 5903, 5952(d); Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473; Cal. Code Regs., tit. 8, 10787
Decisions must be supported by substantial evidence and the record must be adequate to understand the basis for the decision.
The WCJ's order lacked evidentiary support and did not specify specialties, violating these standards.
From the decision · page 4Decisions of the Appeals Board must be supported by substantial evidence. (Lab. Code,
§ 5903, 5952(d); Lamb v. Workmen's Comp. Appeals Bd. (1974) 11 Cal.3d 274 [39
Cal.Comp.Cases 310]; Garza v. Workmen's Comp. Appeals Bd. (1970) 3 Cal.3d 312 [35
Cal.Comp.Cases 500]; LeVesque v. Workmen's Comp. Appeals Bd. (1970) 1 Cal.3d 627 [35
Cal.Comp.Cases 16].) An adequate and complete record is necessary to understand the basis for
the WCJ's decision. (Lab. Code, § 5313; see also Cal. Code Regs., tit. 8, § 10787.) "It is the
responsibility of the parties and the WCJ to ensure that the record is complete when a case is
submitted for decision on the record. At a minimum, the record must contain, in properly
organized form, the issues submitted for decision, the admissions and stipulations of the parties,
and admitted evidence." (Hamilton v. Lockheed Corporation (2001) 66 Cal.Comp.Cases 473,
475 (Appeals Bd. en banc) (Hamilton).)