Farmers Insurance; Helmsman Management Ken Lawhn WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAKEN LAWHN, Applicant,vs.FARMERS INSURANCE; HELMSMAN MANAGEMENT, Defendants.Case Nos. ADJ119309 (OAK 0332713) ADJ1352097 (OAK 332714)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL By timely and verified petition, applicant seeks reconsideration or, in the alternative, removal of the Findings and Order (F&O) issued in this case by a workers’ compensation administrative law judge (WCJ) on May 31, 2011, wherein the WCJ found that defendant is entitled to obtain a neuropsychological QME evaluation to determine what effect, if any, applicant’s non-industrial closed head injury has with regard to his ability to compete in the open labor market. Applicant contends that the WCJ erred in issuing the F&O because applicant did not place his neuropsychological health at issue. Applicant also claims that a neuropsychological evaluation is an invasion of his privacy and is also an invasive process. We have considered the allegations of the Petition for Reconsideration and/or Removal, the contents of the Report and Recommendation on Petition for Reconsideration (Report) of the WCJ, and the answer filed by defendant. Based upon our review of the record and for the reasons discussed below, we will dismiss applicant’s Petition for Reconsideration. Treating the document as a Petition for Removal, we will deny it for all of the reasons stated by the WCJ in his Report. It is well settled that reconsideration may be had only of a final order, decision or award. (Lab. Code, § 5900.) The F&O does not constitute a final order within the meaning of Labor Code section 5900. It is in the nature of a discovery order, which is an interim, non-final order that may be issued , before a final decision is made on substantive issues. An order which does not dispose of the substantive.. rights and li
Menu
