John Fernando — ADJ10422918

SIBTF sought reconsideration of a February 2, 2022 Findings and Order requiring it to authorize weight-bearing bilateral knee x-rays requested by evaluator Dr. Moses Jacob and to obtain and forward 2017 standing x-rays for his review. SIBTF argued the x-rays were not reasonable or necessary to prove a preexisting labor-disabling disability and that the order improperly shifted the burden of production and proof to SIBTF. The Board dismissed the Petition for Reconsideration because the discovery order was not a final order, and treated and denied the petition as one for Removal because SIBTF failed to show substantial prejudice or irreparable harm. The Board noted SIBTF can seek reconsideration after a final decision on the SIBTF claim and that the applicant may be better positioned to provide the 2017 x-rays. The Board also addressed timeliness, invoking Shipley to find its delayed action was tolled.