Vargas, Manuel

Applicant Manuel Vargas claimed a cumulative trauma injury to his left knee (later amended to include the left femur) while working as a plumber. After the first QME (Dr. Ciepiela) was found not to be substantial medical evidence, a replacement QME (Dr. Charles Roland) was selected, who found the injury industrial but admitted at deposition that he had not reviewed all materials and that his report lacked necessary information. The WCJ found Dr. Roland's report did not currently constitute substantial medical evidence but afforded him the opportunity to file a supplemental report to cure deficiencies before any replacement QME could be ordered. Defendant sought reconsideration/removal, arguing the WCJ should have ordered a replacement orthopedic panel instead. The Board dismissed the petition for reconsideration because the decision was interlocutory (not final), and denied the petition for removal because defendant failed to show significant prejudice or irreparable harm.