Robert Adams — ADJ10863682

Applicant Robert Adams petitioned for reconsideration/removal of the WCJ's December 21, 2020 F&O, which found the internal medicine AME's reporting was not substantial evidence, ordered the record developed with other evaluators, and struck the psychiatric QME's reports. The Board determined the decision was final because it resolved a threshold issue, but applied the removal standard since applicant only challenged interlocutory evidentiary and discovery determinations. The Board upheld the WCJ's authority under section 5701 and McDuffie to order development of a deficient record, including consideration of AMEs in internal medicine and neuropsychology before appointing regular physicians. However, the Board found no basis in the record to strike the psychiatric QME's reports or to withhold them from other evaluators, as statutory and case law favor admissibility of properly obtained medical reports. The Board granted reconsideration, rescinded the F&O, and returned the matter to the trial level for further proceedings.