Sandoval, Desiderio

Desiderio Sandoval, a cook, claimed a cumulative trauma injury (January 1, 2017 through January 31, 2018) to his right knee, right shoulder, and lumbar spine. The case in chief settled by Compromise and Release in November 2023, with the EDD lien deferred and defendant agreeing to hold applicant harmless and adjudicate any EDD lien. At the December 18, 2023 trial on the EDD lien, the WCJ found insufficient medical evidence on the nature, extent, and reasonable period of disability following applicant's admitted right shoulder surgery, vacated submission, and ordered development of the record. Defendant filed a Petition for Removal challenging that order. The WCAB denied removal, adopting the WCJ's report and finding defendant failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy.