Danielle Manning — ADJ9607300

The WCJ found applicant Danielle Manning temporarily totally disabled for two periods based on the 2020 reporting of Jeffrey Bone, Psy.D., after rejecting the psychiatric QME (Dr. Watkin) reports as unsubstantial due to perceived bias. Defendant sought reconsideration, arguing Dr. Bone's reporting could not support the award and that the order returning the parties to Dr. Bone violated due process. The Appeals Board determined Dr. Bone's role was unclear—he originally evaluated applicant at defendant's request under section 4050, was not properly designated a treating physician until at least August 2020, and was not appointed as a regular physician under section 5701 or a medical-legal evaluator under section 4062.2. The Board held Dr. Bone's 2020 reporting could not be the sole evidentiary basis for the temporary disability award. The Board rescinded the December 11, 2020 F&A and remanded for further discovery, recommending consideration of a replacement QME panel or an AME.