Able Building Maintenance and Zurich North America Insurance Co., Catarino Verduzco WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACATARINO VERDUZCO, Applicant,vs.ABLE BUILDING MAINTENANCE andZURICH NORTH AMERICA INSURANCECO., Defendants.Case No. ADJ8272688(San Jose District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND ORDER Defendant has filed a timely, verified Petition for Removal, requesting that the Appeals Board rescind the Order Requiring Response and Action and Suspending Approval Compromise and Release dated November 20, 2012, wherein the workers’ compensation judge (WCJ) ordered defendant to obtain a qualified medical evaluation before acting on a Compromise and Release (C&R) filed by the parties. Defendant contends that the Order places an unfair burden on defendant because applicant has not produced any medical evidence and has not conducted discovery and that the Order is inappropriate because the WCJ should have approved or disapproved the C&R or set the case for trial on the issue of adequacy. Applicant has not filed an answer. Applicant, while employed as a janitor from August 15, 2010, to August 15, 2011, claims to have sustained an industrial injury to his head, neck, back and hips. At a hearing on November 19, 2012, the parties filed a C&R proposing to settle the case for $15,000.00. Apparently, no medical reports were filed with the settlement. On December 13, 2012, applicant filed medical reports, characterized by the WCJ as “three PR-2 reports for treatment for a slip and fall injury that occurred approximately in 2010 (described as two years before the report dated 3/8/12) and that referenced a date of injury of 8/15/11” (Report and Recommendation, page 2). The C&R recites: “Applicant stipulates that he did not sustain injury AOE/COE as a result of his , employment with Able Services” (page 7). According to the WCJ, when questioned at the hearing on December 18, 2012, applicant’s attorn
