Darren Bennett — ADJ10274932

Applicant Darren Bennett, a professional athlete, sought relief from a May 31, 2022 Findings and Order issued by a WCJ at the Santa Ana District Office. The petitioner filed a Petition for Removal challenging the WCJ's exclusion of certain medical reports from doctors Robert Afra, M.D., and Jens Dimmick, M.D. The Board determined the WCJ's decision was a final order (subject to reconsideration) because it resolved threshold issues, but applied the removal standard because the petitioner challenged only an interlocutory finding. The Board found no significant prejudice or irreparable harm to justify removal, but nonetheless granted the petition for the sole purpose of admitting the treating physician reports of Doctors Afra and Dimmick, while affirming the WCJ's determination that those reports do not constitute substantial medical evidence. The Board amended the Findings and Order accordingly and otherwise affirmed.