Venus Marcial — ADJ10772269

Applicant Venus Marcial, a cook, sustained admitted industrial injuries to her bilateral hands/wrists, elbows, and fingers, with disputed claims to her psyche and diabetes. The WCJ issued Joint Findings of Fact that excluded a Utilization Review (UR) denial letter to Dr. Jerrold Bustos from evidence as untimely and found the requested Functional Restoration Program Evaluation medically necessary. Defendant petitioned for reconsideration or, alternatively, removal. The Board held that the WCJ's decision was interlocutory (resolving only evidentiary/procedural issues) and therefore not a 'final' order subject to reconsideration, so it dismissed the reconsideration petition. However, it granted removal, rescinded the November 24, 2020 decision, and returned the matter to the WCJ for further proceedings, in part because the WCJ acknowledged she may have misconstrued the framed issue of UR timeliness as a stipulation rather than a disputed issue requiring judicial determination.