Garza, Tina

Defendant, County of Kern (permissibly self-insured), sought reconsideration of a WCJ's Findings of Fact and Discovery Order that found Scott Graham, M.D., served as AME for two cases (ADJ18724961 and ADJ15255319) and that defendant waived its right to a QME panel (#7803054) for the cumulative injury claim by previously seeking the AME's opinion. The WCAB granted reconsideration primarily because the trial record was inadequate—the minutes of hearing failed to delineate specific issues, stipulations, and an exhibit listing as required by WCAB Rules 10761 and 10787, effectively making the decision an improper judgment on the pleadings. Though it could not reach the merits, the Board commented that under Labor Code section 4062.2(f), once issues are agreed to or submitted to an AME, a party may not request a QME panel, and defendant's reliance on Navarro was misplaced because those cases involved QME panels, not AMEs. The Board rescinded the F&O and returned the matter to the WCJ for further proceedings to develop an adequate record.