William Ramirez — ADJ10412642, ADJ10412643

Defendant sought reconsideration of a WCJ's F&O that found a biomechanical engineering report by Dr. Bonin (Exh. A) and a supplemental report from PTP Dr. Chauhan (Exh. B) were not substantial medical evidence and could not be sent to QME Dr. Hill. The Appeals Board granted reconsideration solely to rescind the F&O and substitute a new one that deletes the erroneous 'substantial medical evidence' findings, but otherwise affirmed the WCJ's order that neither report be sent to any QME. Applying a removal standard (because defendant challenged only the interlocutory discovery order within an otherwise final decision), the Board held the WCJ properly exercised her discretion under section 4062.3 and Suon. The Board found Dr. Bonin's retained report improperly attempted to rebut the QME's causation opinion outside the med-legal process in violation of Batten, and Dr. Chauhan's derivative report was 'fruit of the poisonous tree.' Defendant failed to show significant prejudice or irreparable harm warranting removal.