LOWELL BAPTISTE vs. METROPOLITAN TRANSIT AUTHORITY

This case is about Lowell Baptiste, who was injured on February 22, 2000 while working for the Metropolitan Transit Authority. The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration of the Amended Findings and Award of June 1, 2011, which found that Baptiste had sustained industrial injury to his hips, legs, neck, left upper extremity, left shoulder, both lower extremities, psyche and chronic pain syndrome, causing temporary total disability beginning February 22, 2000 to May 13, 2011 and continuing. The Board ordered Baptiste to submit to medical examination by Dr. Preston in psychiatry and Dr. Sew Hoy in orthopedics, and rescinded the WCJ's decision and returned the matter to the trial level for further development

METROPOLITAN TRANSIT AUTHORITY LOWELL BAPTISTE WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIALOWELL BAPTISTE, Applicant,vs.METROPOLITAN TRANSIT AUTHORITY, Defendant.Case No. ADJ519728 (LAO 0781887)(Van Nuys District Office)OPINION AND DECISION AFTER RECONSIDERATION            On August 8, 2011, the Workers’ Compensation Appeals Board (Appeals Board) granted defendant’s petition for reconsideration of the Amended Findings and Award of June 1, 2011, wherein the workers’ compensation judge (WCJ) found that on February 22, 2000, applicant sustained industrial injury to his hips, legs, neck, left upper extremity, left shoulder, both lower extremities, psyche and chronic pain syndrome, causing temporary total disability beginning February 22, 2000 to May 13, 2011 and continuing.            In our August 8, 2011 decision, we also ordered applicant to submit to medical examination by Dr. Preston in psychiatry and Dr. Sew Hoy in orthopedics. Dr. Preston examined applicant on September 19, 2011 and served his report on October 6, 2011. Dr. Sew Hoy examined applicant on January 10, 2012 and served an initial report dated January 25, 2012. After completing a record review, Dr. Sew Hoy served a supplemental report dated April 4, 2012.            On June 27, 2012, we issued a 20-day Notice of Intention (NIT) to close discovery and to admit Dr. Preston’s and Dr. Sew Hoy’s reports into evidence. Applicant and defendant both filed timely objections to closure of discovery. Based on those objections, as well as our own review of the record, we find good cause to keep the medical record open for further development, as discussed in more detail below./// ,             Returning to our August 8, 2011 decision, in addition to ordering applicant to submit to medical examination by Dr. Preston in psychiatry and Dr. Sew Hoy in orthopedics, we ordered Drs. Preston and Sew Hoy to report on all outstanding medical issues, including but not limited to injury/injuries, period(s) of te

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