Rosny Aguilar — ADJ11448738

Defendant petitioned for reconsideration of a WCJ's October 16, 2020 Findings of Fact, Order and Opinion on Decision, which found that the QME reporting of Dr. Ernest Miller was not substantial evidence and ordered appointment of an independent medical evaluator. Although the F&O contained a final threshold finding, defendant only challenged the interlocutory determinations regarding the QME reporting and IME appointment, so the Board applied the removal standard. The Board found service of the F&O on defendant appears to have been defective (defendant reported never receiving the emailed F&O and only discovered it on EAMS December 8, 2020), and thus treated the December 29, 2020 Petition as timely. On the merits, the Board found defendant failed to show significant prejudice or irreparable harm, noted the WCJ has discretionary authority under section 5701 to develop the record, and clarified that the F&O's findings and orders did not actually strike the QME reports (the striking language appeared only in the Opinion on Decision). The Board denied the Petition.