GTE Corporation/Ace USA as administered by Broadspire Phillip Neely WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAPHILLIP NEELY, Applicant,vs.GTE CORPORATION/ACE USA as administered by BROADSPIRE, Defendant(s).Case No. ADJ2417988 (VNO 0256766)OPINION AND DECISION AFTER RECONSIDERATION We previously granted defendant’s petition for reconsideration to further study the factual and legal issues in this case. This is our Opinion and Decision After Reconsideration. Defendant sought reconsideration of the July 15, 2010 minute order, wherein the workers’ compensation administrative law judge (WCJ) ordered the parties, pursuant to Labor Code section 5701, to have applicant evaluated by Dr. Stahlberg (psychiatry) on August 7, 2010, and by Dr. Phillip Kanter (orthopedics) on August 6, 2010. Defendant contended that the WCJ erred in ordering evaluations under Labor Code section 5701, arguing that there had been no finding that the medical record was inadequate, that there was no agreement to pay for the examinations under Labor Code section 5703.5, and that, since WCJ Babcock is retiring and will not be trying the case, the question of development of the record should be left to the new trial judge. We have considered the Petition for Reconsideration and applicant’s Answer, and we have reviewed the record in this matter. The WCJ has retired and was unavailable to prepare a Report and Recommendation on Petition for Reconsideration. For the reasons discussed below, we will rescind the order requiring applicant to be evaluated by Drs. Stahlberg and Kanter pursuant to Labor Code section 5701. , Applicant sustained an admitted injury to his back on December 24, 1990. This claim was resolved by stipulated award on February 4, 1993, with a permanent disability award of 25 percent and, apparently, an award of future medical treatment. On December 18, 1995, applicant filed a petition to reopen. In addition to claiming a
