Donald W. Gubbins

Applicant Donald Gubbins filed a cumulative trauma claim alleging injury to his spine, cardiovascular system, and psyche while employed as an insurance salesman. Defendant set up three separate medical-legal examinations (cardiologist, psychiatrist, orthopedic surgeon), but refused applicant's request for reciprocal multiple evaluations by different experts at defendant's expense. A WCR denied applicant's petition for allowance of multiple medical-legal examinations, and applicant sought reconsideration. The Board found the November 13, 1996 Order was procedural (not final), so it vacated its earlier order granting reconsideration, dismissed the petition for reconsideration, and instead granted removal. On removal, the Board held that where defendant set up three separate examinations covering three distinct body parts, fundamental fairness and Labor Code sections 4060 and 4064 entitle applicant to balancing, equivalent examinations at defendant's expense; it rescinded the WCR's order and granted applicant's petition.