Refugio Jose Alfaro — ADJ7785974

In this death claim involving deceased employee Refugio Jose Alfaro, defendant Insurance Company of the West (adjusted by ICW Group) filed a Petition for Removal challenging the WCJ's appointment of an independent medical evaluator (Dr. Munday) under Labor Code section 5701 to evaluate Daniel Alfaro, the deceased employee's son. Because the WCJ's decision resolved a threshold issue, the Board treated the petition as one for reconsideration, but applied the removal standard since defendant only challenged an interlocutory issue. The Board found the WCJ had authority under section 5701 to appoint a regular physician but, applying McDuffie, held that the parties should be given the opportunity to agree to an AME before a regular physician is used. The Board granted reconsideration solely to amend the F&O to add a finding allowing the parties to agree to an AME within 10 days in lieu of proceeding with the appointed IME, and otherwise affirmed.