Rosa Robinson — ADJ4622458

Lien claimant David Silver, M.D., sought removal from a WCJ's minute order setting a briefing schedule on whether Dr. Silver bore the threshold burden of proof on the reasonableness and necessity of treatment absent a stipulation by the parties. Petitioner argued the order would cause substantial prejudice and irreparable harm by permitting issues outside the Pretrial Conference Statement, and that defendant waived the reasonableness/necessity issue by not previously raising it. The WCAB found that because reconsideration had previously been granted and the matter returned to the trial level, the record was reopened on all issues, allowing the WCJ to address outstanding matters. The Board held petitioner failed to show substantial prejudice or irreparable harm and that reconsideration would be an adequate remedy if a final adverse decision later issued. The Petition for Removal was denied.