Baker, Michael

Applicant Michael Baker, proceeding in pro per, sustained an admitted specific injury (amputation of left little finger and left wrist injury) on July 26, 2016. The WCJ issued a Findings & Order on December 28, 2021, finding good cause to compel applicant to attend a PQME exam with Dr. Ghodadra, that there had been no ex parte communications, and that defendant's listed medical reports could be sent to the PQME. The Board granted reconsideration and found that the WCJ relied on a Petition to Compel and exhibits that were never formally admitted into evidence—only uploaded to EAMS—violating the evidentiary requirements of Hamilton and due process. The Board rescinded the F&O and returned the matter to the trial level for a hearing where the parties may present arguments and admit evidence on the PQME issue. The Board separately denied applicant's Petition to Disqualify the WCJ, finding the petition lacked sufficient detailed, verified facts to establish bias under Labor Code section 5311 and Code of Civil Procedure section 641.