Pollard, Shawn

Defendant Lemstra Cattle Company/Zenith Insurance sought removal of a December 7, 2023 F&O in which the WCJ prohibited defendant from submitting sub rosa surveillance video to the chiropractic QME and excluded the May 23, 2023 PTP report that discussed that video. The QME deposition had occurred March 6, 2023; defendant later served the surveillance videos on applicant's counsel on April 14, 2023 with a proposal to submit them to the QME under Labor Code section 4062.3(b), to which applicant timely objected. The Appeals Board found defendant had properly followed the section 4062.3(b) notice and objection procedure and that no rule or statute barred the QME's review of the video. The Board granted removal, rescinded the F&O, and substituted findings allowing the surveillance video to be submitted to the QME and admitting the PTP's May 23, 2023 report into evidence.