Baer, Linda

Linda Baer's claims involved two dates of injury (ADJ1589383 and ADJ3191543) against the California Highway Patrol/State Compensation Insurance Fund and ConocoPhillips/ESIS. The WCJ issued a decision containing a final finding on the threshold issues of injury and employment, but also interlocutory findings regarding whether the parties needed to return to the regular treating physician, Dr. Ovadia, on remaining issues. Defendant petitioned for reconsideration, challenging only the interlocutory finding and an allegedly erroneous statement in the Joint Opinion on Decision regarding Dr. Ovadia's determination on causation of surgery. The Appeals Board treated the petition under the removal standard because only interlocutory findings were challenged, and concluded that defendant failed to show significant prejudice or irreparable harm. The Board denied the petition, noting the erroneous statement was not reduced to a finding of fact and thus presented nothing to appeal.