Tammera Johnson — ADJ19640948, ADJ15455320

Applicant Tammera Johnson sought reconsideration of a Joint Findings of Fact and Orders that found no industrial injury (AOE/COE) in two claims and ordered she take nothing. She argued her due process rights were violated when the WCJ submitted the cases without allowing her to cross-examine PQME Dr. Schmitz, whose 43-page supplemental report was signed just twelve days before trial. The Appeals Board granted reconsideration, finding applicant was denied the opportunity to offer rebuttal evidence, which is foundational to a fair trial. The Board also flagged substantial-evidence concerns, noting Dr. Schmitz appeared unaware of the cumulative claim and Dr. Keins appeared to address only the cumulative claim while improperly usurping the WCJ's role on personnel-action causation. The Board rescinded the FF&O and returned the matter to the WCJ for further development of the record.