Duran Lopez, Abraham

Applicant Abraham Duran Lopez sought reconsideration of a WCJ's September 27, 2024 Findings and Order that deemed materials from his third-party civil claim—a November 30, 2022 report by Dr. Mechel Henry, her deposition transcript, civil trial transcript, and a medical demonstrative—inadmissible and unable to be sent to the panel QMEs. The WCJ relied on Batten and section 4061(i), finding the materials were obtained solely to contradict the panel QMEs. The Appeals Board treated the petition as one for removal (an interlocutory evidentiary issue) and found the case more akin to Jacobs than Batten because Dr. Henry was retained to provide a consultative report for the civil claim, not solely to rebut the QMEs. The Board granted the petition, rescinded the F&O, and substituted a new F&O finding the materials admissible and permitting them to be sent to the panel QMEs for review and comment.