Iken, Bahija

Applicant Bahija Iken, employed by the State of California Department of Social Services (legally uninsured, adjusted by State Compensation Insurance Fund), filed a Petition for Reconsideration/Removal challenging the WCJ's order to develop the record using Andrea Bates, M.D., as a regular physician. The WCJ's decision contained a threshold finding regarding employment, making it a final order subject to reconsideration, but because petitioner only challenged the interlocutory order to develop the record, the Board applied the removal standard. The Board found petitioner failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy if a final adverse decision issued. The Board also noted defendant had timely raised the substantiality of medical reporting at the September 22, 2025 MSC, and that substantiality is an issue for the judge to decide at trial rather than through a petition to replace the QME. The Petition was denied.