Wells, Ame

Applicant Ame Wells, a registered nurse, sustained an industrial injury on November 18, 2016 in the form of IBS and GERD and sought SIBTF benefits. The WCJ found AOE/COE injury and that the subsequent disability met the 35% threshold under Labor Code section 4751, but deferred the issue of whether the combined disabilities reach 70% pending further development of the record, ordering applicant's medical-legal evaluator Dr. Mahawar to clarify his impairment opinions regarding four preexisting conditions (hypothyroidism, migraine headaches, left ankle, and cholecystectomy). SIBTF sought removal, arguing the order to develop the record caused prejudice and that the WCJ was legally precluded from ordering development. Because the decision resolved a threshold AOE/COE issue, the Board treated the petition as one for reconsideration but applied the removal standard since only the interlocutory development order was challenged. The Board found no significant prejudice or irreparable harm and denied reconsideration, upholding the WCJ's order to develop the record.