Christopher Dunne — ADJ22209281

Applicant Christopher Dunne, a San Francisco police officer/sergeant, filed a cumulative injury claim for bilateral lower extremity varicose veins subject to the ADR/carve-out process under Labor Code section 3201.7. After defendant objected to portions of applicant's cover letter to Dr. Teicheira (the IME for applicant's other claims) and challenged his qualifications on varicose veins, applicant struck the cumulative-injury references and sought a separate IME (Dr. Noriega) for the CT claim. The arbitrator initially denied a second IME, but the Appeals Board rescinded that F&O and held applicant was entitled to designate Dr. Noriega. Defendant petitioned for reconsideration, arguing the Board lacked jurisdiction to remove the arbitrator's order and that applicant suffered no prejudice. The Board treated the petition as one for removal (interlocutory issue), found the ADR Agreement expressly permits WCAB appeals, and concluded that denying a separate IME would violate applicant's due process rights; the Petition was DENIED.