Ferioli, Nikolas

Applicant Nikolas Ferioli claimed Non-Hodgkin's Lymphoma/AITL arising from his employment as an Inside Machinist at NASSCO, a permissibly self-insured employer. A discovery dispute arose over whether defendant could submit to the toxicology QME (Dr. Durrani) the October 6, 2021 report of Dr. Stephen Munday—obtained by defendant in applicant's now-withdrawn concurrent LHWCA claim—and an External Memorandum from defendant's environmental consultant. The WCJ ordered that Dr. Munday's report not be submitted to the QME but permitted defendant to cross-examine the QME on the issues it raised, and ordered the External Memorandum submitted except for its final paragraph. The Appeals Board granted reconsideration, applying the removal standard, and rescinded the F&O, finding the WCJ failed to address whether Dr. Munday's report is a comprehensive medical-legal report obtained outside the mandated section 4060/4062.2 process and whether applicant waived his objection by previously agreeing to submit an earlier Munday report. The matter was returned to the trial level for further proceedings and a new decision.