Oriarte, Anthony

Applicant Anthony Oriarte, a maintenance worker, claimed industrial injury to his legs and knees on August 10, 2017, which Travel Inn/Employers Compensation Insurance Group disputed on AOE/COE grounds. The orthopedic QME, Dr. Mohan Nair, initially found industrial causation in his January 2022 report but reversed his opinion at a May 2022 deposition, stating only that he had reviewed the same records more carefully and less hastily. After trial, the WCJ found Dr. Nair's reporting was not substantial medical evidence and ordered a replacement QME panel. Defendant sought reconsideration, arguing the WCJ should have held a full AOE/COE hearing and developed the record with Dr. Nair rather than ordering a new panel. The Board, treating the petition as one for removal because defendant only challenged interlocutory discovery findings, denied relief, finding no irreparable harm or abuse of discretion. Commissioner Razo dissented, arguing that under McDuffie the record should have been augmented with the existing QME before ordering a new panel.