Lemus, Miguel

Applicant Miguel Lemus sustained an accepted industrial injury to his thoracic spine on 8/26/2022 while operating a jackhammer and carrying asphalt. At an Expedited Hearing on the issue of temporary disability, the WCJ relied on the QME report of Dr. Mamigonian, found it constituted substantial medical evidence, and awarded TTD over defendant's objection that it needed to complete discovery (a scheduled QME deposition) and to call applicant as a witness. Defendant sought reconsideration alleging denial of due process on both grounds. The WCAB denied reconsideration, adopting the WCJ's report, finding defendant never sought a notice to appear under Rule 10642 nor asked the WCJ to order applicant's appearance, and that there is no language permitting continuance of an expedited TTD hearing for discovery under Labor Code section 5502(b).