Espinoza, Roberto

Applicant Roberto Espinoza sought reconsideration of an April 9, 2024 Findings and Order denying his request for an additional QME panel in internal medicine in his continuous trauma claim (ADJ14300773) and specific injury claim (ADJ16390001). The WCJ had denied the panel based partly on a mistaken assumption that applicant's objection invoking the panel process under Labor Code section 4062(a) was untimely, and on the premise that applicant failed to obtain the QME's or treating physician's opinion that the internal medicine issues were beyond the orthopedic QME's specialty. The Board treated the petition under the removal standard since only an interlocutory issue was challenged, then found good cause existed for an additional internal medicine panel given applicant's testimony and existing medical records reflecting cardiovascular and diabetic conditions during the period of industrial exposure. The Board emphasized that placing form over substance was improper and that the WCJ has broad discretion to develop the record. The Board granted reconsideration, rescinded the April 9, 2024 order, and substituted a finding that applicant is entitled to an internal medicine QME panel in ADJ14300773, deferring all other issues.