Calica, Andrew

Applicant Andrew Calica sought reconsideration or removal of a WCJ's February 14, 2024 Findings and Orders re Discovery Trial, which found that defendant did not breach a July 22, 2022 discovery stipulation regarding the transmission of neuropsychological raw testing data to Behrooz Bernous, Ph.D. The stipulation provided that Dr. Gonzalez's records, notes, and raw data would be sent only to Dr. Bernous, who would maintain confidentiality, refrain from dissemination to any other party, and destroy the records at case completion. Applicant later discovered Dr. Bernous was unlicensed and had shared the data with and consulted a licensed psychologist, Dr. Richard Lettieri, in the same office. The Board dismissed the petition for reconsideration because the discovery order was not a final order, but granted removal. Applying contract interpretation principles, the Board held that the plain language of the stipulation limited disclosure to Dr. Bernous alone, and the sharing with other persons constituted a breach, amending Finding of Fact No. 1 accordingly.