Tran, Dinh

Applicant Dinh Tran filed a petition for removal from a WCJ's February 18, 2025 Findings and Orders directing production of raw psychological/neurological testing data from a QME, arguing that disclosure violated applicant's right to privacy and that the QME had refused to produce the data. The WCAB panel found that removal's high standard—substantial prejudice or irreparable harm—was not met, and adopted the WCJ's Report on the merits. However, the Board granted removal in a limited sense to correct a clerical error (Order #3's reference to Order #1 should have referenced Order #2) and to strengthen the confidentiality protections of the discovery order. The Board affirmed the F&O on the merits, amending Orders #2 and #3 to clarify defense counsel's obligations to maintain confidentiality of the raw testing data, identify experts who reviewed it, and report any breaches. The matter was returned to the trial level for further proceedings.