Byers, Robert

Applicant Robert Byers, a senior mechanic claiming cumulative injury, sought to disqualify orthopedic QME Dr. Charles Sonu, contending the QME failed to perform a physical examination and was unavailable for deposition. The WCJ found Dr. Sonu was not disqualified, crediting his detailed physical findings and his section 4628 attestation that he personally examined applicant over applicant's contrary trial testimony. The WCJ also found applicant failed to meet his burden of proving the QME was unavailable for deposition. The Board treated the petition as one for reconsideration (because the decision also contained a final finding of employment) but applied the removal standard since only the interlocutory QME disqualification issue was challenged. Finding no error and no irreparable harm, the Board denied the petition, noting all parties retain the right to depose Dr. Sonu and applicant may renew objections based on deposition evidence.