Endodontic Associates Corp.; and Truck Insurance Exchange Cynthia Armando WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIACYNTHIA ARMANDO, Applicant,vs.ENDODONTIC ASSOCIATES CORP.; and TRUCK INSURANCE EXCHANGE, Defendant(s).Case No. ADJ6784736OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION; GRANTING PETITION FORREMOVAL AND DECISION AFTER REMOVAL Defendant seeks removal, or, in the alternative reconsideration of the March 15, 2010 “Order Granting Petition for Production of Copy of Claims Investigation File,” wherein the workers’ compensation administrative law judge (WCJ) ordered defendant to serve “copies of the witness statements and claims file that address any factual bases to deny or admit liability for this claim.” Defendant contends that the WCJ erred in ordering production of the claims file, arguing that requiring defendant to reveal the fruits of its investigation prior to applicant’s deposition may taint applicant’s testimony and that some of the documents are protected by the attorney work- product privilege. Defendant also indicates that it may not be able to comply with the WCJ’s Order if some of the witness’ statements have been lost or destroyed. We have considered the petition for reconsideration and the record in this matter. We have not received an answer from applicant. The WCJ prepared a Report and Recommendation on Petition for Reconsideration (Report) recommending that the petition be denied. For the reasons discussed below, we will dismiss defendant’s petition for reconsideration. However, we will grant defendant’s petition for removal, rescind the WCJ’s order, and issue a new order that defendant produce the portions of the claims file and witness statements that are not privileged. , Initially, we note that reconsideration may only be sought from a “final order, decision or award”. (Lab. Code, § 5900.) A final order, decision, or award is one that determines any subs
