Donald Toomer — ADJ11401401, ADJ12385898

Defendant Oakland Unified School District (OUSD) sought removal of a May 4, 2021 Minute Order in which the WCJ ordered the parties to obtain a supplemental report from the panel QME, Dr. Martha Singer, addressing newly obtained Kaiser records, while otherwise keeping discovery closed. OUSD argued that applicant violated the prior order closing discovery by obtaining roughly 4,000 pages of Kaiser records and improperly served those records on the QME without first serving defendant under Labor Code section 4062.3(b). The Board found there was no evidentiary record regarding the dispute, making it impossible to determine whether the WCJ's order was supported by substantial evidence. The Board granted removal, rescinded the order requiring the supplemental QME report, and returned the matter to the trial level to develop a complete record and issue a new decision. The order dismissing co-defendant SFUSD was unchallenged and retained.