Jean Ward — ADJ10833788

Defendant AutoZone Inc., insured by XL Specialty Insurance Company and administered by Gallagher Bassett Services, sought reconsideration of a January 21, 2026 F&O in which the WCJ found defendant failed to prove the necessity of dismissing applicant's petition to reopen and that applicant established the need for further discovery under Labor Code section 5410. The WCJ ordered the parties to develop the record on neurological, hypertension, stomach/gastrointestinal, headache, and back treatment issues, deferring all other issues. The Appeals Board determined that the F&O was an interim evidentiary order rather than a final order, making reconsideration inappropriate. The Board dismissed the petition for reconsideration, treated it as a petition for removal, and denied removal because defendant failed to show significant prejudice or irreparable harm. The Board also addressed the timeliness of its action under amended section 5909, confirming it acted within 60 days of case transmission.