Solares, Jovita

Applicant Jovita Solares filed a Petition for Reconsideration and, alternatively, a Petition for Removal challenging a WCJ's order concerning whether the parties had agreed to use an agreed medical evaluator (AME) under Labor Code section 4062.2(f). The WCJ found no substantial evidence supported applicant's contention that the parties agreed to an AME. The Board held the order was interlocutory and not a 'final' order, so reconsideration was unavailable, and dismissed that part of the petition. The Board denied removal because applicant failed to show substantial prejudice or irreparable harm and failed to show reconsideration would be an inadequate later remedy. The Board also noted that applicant is not barred from later submitting reports by Dr. Kohan into evidence under Labor Code section 5703, though they would not be treated as AME reports.