Dale Brown — ADJ11761777

Defendant IHSS, administered by Intercare Roseville, filed a Petition for Removal seeking to challenge whether a QME's report constituted substantial evidence and requesting an expedited hearing on that issue. The WCAB denied removal, finding that defendant failed to demonstrate substantial prejudice or irreparable harm and failed to show that reconsideration would be an inadequate remedy if a final adverse decision issued. The Board further held that the substantiality of a QME report is not a proper basis for an expedited hearing under Labor Code section 5502 or WCAB Rule 10782. The Board also rejected the attempt to use bifurcation under Rule 10787 as a 'backdoor' to obtain an expedited hearing that would not otherwise qualify.