Villalobos, Oscar

Applicant Oscar Villalobos sustained an industrial injury on January 27, 2008 while employed as an insulator. The parties had selected Dr. Peter Newton as the orthopedic AME, who evaluated applicant and issued two reports in 2014. Applicant later refused to return for reevaluation, citing perceived mistreatment by Dr. Newton in 2014, and defendant petitioned to suspend proceedings under Labor Code section 4053. After a trial limited to the suspension petition, the WCJ denied the petition, finding sua sponte that Dr. Newton's reports were not substantial medical evidence (based on testimony that the interpreter was excluded from the exam). The Appeals Board granted reconsideration, applied the removal standard, and rescinded the Findings of Fact because the substantiality/admissibility of the AME reports was never framed as a trial issue, violating due process, and returned the matter for further proceedings.