Lynn, Richard

Richard Lynn claimed an industrial back injury on September 6, 2018 while employed by Contra Costa Electric, whose workers' compensation claims were governed by a NECA/IBEW carve-out ADR program under Labor Code section 3201.5. Defendant denied the claim asserting a post-termination defense under section 3600(a)(10), but an arbitrator found the claim was not barred and ordered applicant to re-open his claim. The applicant selected occupational medicine QME Dr. Wiggins but failed to attend the scheduled examination, and after delays an arbitrator ruled he was no longer entitled to a QME under Section 48, Article 13(g) of the ADR rules. The Appeals Board granted reconsideration, found that subsection (g) did not apply because a QME had in fact been selected and an appointment set, and held that the ADR rules do not abrogate the arbitrator's authority to develop the record and appoint a medical evaluator. The Board rescinded the F&O and returned the matter to the arbitrator, noting the arbitrator's discretion under ADR Section 4.14 to appoint a health care professional if the parties cannot agree on an AME.