Applicant Jeremy Vietmeier sought reconsideration of a May 8, 2025 F&O in which the WCJ found good cause for an additional QME panel in neurology but not psychiatry, and did not rule on the admissibility of a self-procured psychological report from David Kauss, Ph.D. The Board dismissed the petition for reconsideration because the F&O resolved only intermediate procedural/evidentiary issues and was not a 'final' order, but granted it as a petition for removal. The Board found good cause under AD Rule 31.7(b) for additional panels in both neurology AND psychiatry, noting orthopedic QME Dr. Rah had documented depression/anxiety complaints, applicant pleaded psyche, and the August 9, 2024 DOR requested a psychiatric panel. The majority offered nonbinding guidance that the Kauss report's admissibility was not yet ripe and disagreed with the dissent that it was inadmissible under section 4605 or telemedicine rules. Commissioner Razo concurred on the panel issuance but dissented, arguing the Kauss report should be expressly excluded as inadmissible due to non-disclosure and discovery violations.
Issues
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Holding
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Analysis
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Applicant takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Defense takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Provider takeaway
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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Similar decisions
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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The panel considered the record, the applicable statutes, and the arguments of the parties.
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