Vazquez, Abel

In this en banc decision, applicant Abel Vazquez, who sustained an industrial injury as a seasonal agricultural worker, filed a petition challenging a WCJ's order replacing QME Dr. Ira Fishman because the QME could not schedule a re-evaluation within 120 days under AD Rules 31.3 and 31.5. The WCJ ordered medical-legal discovery to restart. The Appeals Board treated the petition as one for reconsideration (because the F&O contained final findings on employment and injury) but applied the removal standard since only the non-final QME order was challenged. The Board held that only the Appeals Board has jurisdiction to determine whether a replacement panel is valid, and that in represented cases a QME's mere unavailability does not compel replacement; instead, a WCJ or the Board has discretion to order replacement for good cause based on a balancing test. The Board rescinded the March 11, 2025 F&O and returned the matter to the trial level, applying the decision prospectively only.