City Of Brea, permissibly self-insured, administered by Keenan And Associates, David Herrera, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIADAVID HERRERA,Applicant,vs.CITY OF BREA, permissibly self-insured, administered by KEENAN AND ASSOCIATES,Defendants.Case No. ADJ9429412(Anaheim District Office)OPINION AND ORDER GRANTING PETITION FOR REMOVAL AND DECISION AFTER REMOVAL Defendant seeks removal, or in the alternative, reconsideration of the Findings and Order (F&O) issued by the workers’ compensation administrative law judge (WCJ) on August 8, 2017. By the F&O, the WCJ found that the opinions of the qualified medical evaluator (QME) Ann Allen, M.D., are not substantial evidence and ordered her reports and deposition testimony stricken from evidence. The WCJ further ordered the parties to request a replacement QME panel in psychiatry. Defendant contends that Dr. Allen’s opinions are substantial evidence and that her findings are not tainted by the documents provided for her review at her deposition. Alternatively, defendant contends that the record can be further developed to rehabilitate Dr. Allen’s opinions. We received an answer from applicant. The WCJ filed a Report and Recommendation on Petition for Reconsideration (Report) recommending that we deny reconsideration. Defendant requested leave to amend its Petition in response to applicant’s answer and the WCJ’s Report. This request is denied. (See Cal. Code Regs., tit. 8, § 10848.) We have considered the allegations of defendant’s Petition for Removal/Reconsideration, applicant’s answer and the contents of the WCJ’s Report with respect thereto. Based on our review of the record, we will dismiss the Petition as one for reconsideration, grant removal, rescind the F&O, and return this matter to the WCJ for further proceedings consistent with this opinion./// , FACTUAL BACKGROUND Applicant claims injury to his psyche from September 25, 2004 through Ap
