What the panel ordered
Petition for Removal granted; WCJ's May 19, 2023 Order Vacating Submission amended to keep AME Dr. Sanders' reports in evidence; case submission vacated for further record development.
Petition for Removal granted, vacating submission of case for record development due to unavailability of AME Dr. Sanders; reports of Dr. Sanders remain in evidence.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board granted removal because the AME Dr. Sanders was unavailable for further reporting or cross-examination, but the reports remain in evidence to provide relevant information for adjudication; the case submission was vacated for further record development.
From the decision · page 2Here, applicant and SCIF have previously selected Alan Sanders, M.D., as the AME in orthopedic medicine. However, the parties agree that AME Dr. Sanders is no longer available for additional reporting or cross-examination. The WCJ's May 19, 2023 Order states that "[b]ased on good cause found to strike the AME reports of Dr. Alan Sanders, who is unavailable for further reporting or cross-examination, and such further reporting is necessary for a complete record and in the interests of due process, SUBMISSION OF THE CASE IS HEREBY VACATED for purposes of development of the record." (Order Vacating Submission, dated May 19, 2023.)