Michael Leonard — ADJ10984573

Applicant Michael Leonard, a cement mixer/driver, claimed injury to his lungs, trachea, psyche and throat through June 6, 2017; internal medicine QME Dr. Sophie Cole diagnosed accelerated silicosis attributed to industrial cement dust exposure. Defendant petitioned to strike Dr. Cole's reporting and requested a replacement panel, arguing her opinions were not substantial evidence and that a supplemental report was untimely. The WCJ issued an F&O finding the medical record required further development that could not be cured with Dr. Cole and ordered the Medical Unit to issue a new QME panel in pulmonary disease. The Board treated applicant's petition for removal as a petition for reconsideration because the F&O contained a threshold AOE/COE/employment finding. The Board held that neither non-substantial-evidence reporting nor an untimely supplemental report mandates a replacement panel, and that ordering a new panel in another specialty violated due process because that issue was not submitted for trial. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.