What the panel ordered
Petition for reconsideration granted; Findings of Fact, Order and Opinion on Decision affirmed except amended to allow parties to agree to an AME
Petition for reconsideration granted to amend Findings of Fact, Order and Opinion on Decision to allow parties to agree to an AME instead of proceeding with the appointed physician's evaluation
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 reconsideration to amend the F&O to allow the parties to agree to an AME instead of proceeding with the appointed physician's evaluation, finding no substantial prejudice or irreparable harm if removal was denied and that reconsideration would be an adequate remedy.
From the decision · page 1We have considered the allegations of defendant's Petition for Removal, applicant's answer and the contents of the Report of the workers' compensation administrative law judge (WCJ) with respect thereto. Defendant requested approval to file a supplemental pleading and applicant filed an objection to defendant's supplemental pleading. We accept both supplemental pleadings per WCAB Rule 10964. (Cal. Code Regs., tit. 8, former § 10848, now § 10964 (eff. Jan. 1, 2020).) Based on our review of the record and for the reasons discussed below, we will grant the Petition as one seeking reconsideration solely to amend the Findings of Fact, Order and Opinion on Decision (F&O) to provide the parties with an opportunity to agree to an agreed medical evaluator (AME) in lieu of proceeding with an evaluation with the appointed physician. We will otherwise affirm the F&O.