Diego, Ethel Mae

Defendant Monterey Bay Military Housing, LLC and Zurich American Insurance Company sought reconsideration of a WCJ's May 14, 2025 Findings of Fact and Order, which determined that further development of the record was required. Defendant argued the WCJ erred by not finding that PQME Matthew Rosenstein, D.C.'s reporting and deposition testimony constituted substantial evidence. The Appeals Board first confirmed it acted timely under amended Labor Code section 5909, as the case was transmitted on June 6, 2025 and the decision issued by August 5, 2025. Because the WCJ's decision resolved the threshold issue of employment but defendant only challenged the interlocutory order for development of the record, the Board applied the removal standard. Finding no significant prejudice or irreparable harm and that reconsideration would be an adequate remedy, the Board denied the petition.