Kenneth Rosenbrook — ADJ9115204

Applicant Kenneth Rosenbrook, a truck driver, claimed a June 27, 2013 industrial injury; defendant accepted the low back but denied internal medicine complaints (diabetes, hypertension, urology). After an internal medicine QME, Dr. Omrani, confirmed in writing he would conduct the evaluation via telehealth without a physical exam, defendant refused to agree to a telehealth evaluation, prompting applicant (residing in Washington State) to file a DOR. The WCJ found defendant's denial of the telehealth QME unreasonable under emergency regulation 8 CCR 46.2(a)(3)(C) and ordered the parties to proceed via telehealth. The Appeals Board treated defendant's petition as one for removal (since defendant only challenged an interlocutory discovery issue), found all elements of section 46.2(a)(3) met, and denied the petition.