Volk, Eric

Applicant Eric Volk sought reconsideration of a July 25, 2024 Findings and Order in which the WCJ took the matter off calendar on his own motion and ordered an updated PQME evaluation by Dr. Marcum and supplemental reporting from Dr. Scott, citing stale and inconsistent medical evidence regarding chronic fatigue syndrome causation. Applicant alleged unreasonable delay, requested sanctions against defendant, and sought reassignment/disqualification of the WCJ. The Board dismissed the petition for reconsideration because the order was an interim, non-final order, but treated it as a petition for removal. The Board granted removal because the WCJ took no testimony or evidence at the hearing and failed to create an adequate record under Labor Code section 5313 and Hamilton to support the finding that the medical evidence was stale. The Board rescinded the July 25, 2024 F&O and returned the matter to the trial level, while denying the disqualification request for lack of factual support under penalty of perjury.