THERESA MICHELLE DELGADO vs. MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC.

This case involves Applicant Theresa Delgado's petition for reconsideration of the Appeals Board's decision to allow further development of the record. The Board had previously rescinded a prior award, deeming the existing psychiatric QME reports stale due to the passage of time and Applicant's return to work. Applicant argued this violated procedural rules regarding exhibit readiness at the Mandatory Settlement Conference. The Board denied the petition, reiterating that its March 23, 2009 decision was an interim procedural order and that updated medical reports are necessary for a determination of current disability, as stale medical evidence does not constitute substantial evidence.