Claybrooks, Natravis

Applicant Natravis Claybrooks, a professional athlete, initially pleaded a cumulative injury limited to December 25, 2002 to December 24, 2003, and obtained self-procured medical reports (AQME) from four physicians in 2022 under former Labor Code section 4060. After defendant objected, applicant amended his claimed injury period to extend through January 18, 2012, and the parties then obtained QMEs under current sections 4060 and 4062.2. At a trial limited to discovery issues, the WCJ found applicant's pre-amendment self-procured reports admissible and able to be submitted to the current panel QMEs. Defendant sought reconsideration and removal. The WCAB dismissed the Petition for Reconsideration because the F&O addressed only interlocutory, non-final discovery/evidentiary issues, and denied the Petition for Removal, finding the reports admissible under Valdez and Batten because they were obtained before QME selection and thus not solely to rebut a QME opinion.