Saleh Abdullah, vs. Kaiser; Athens Administrators Concord,

In this case, Saleh Abdullah, the applicant, sought reconsideration of the denial of his request to remove "Dr. Chitnis" as a medical evaluator and to vacate the trial date for his workers' compensation case. The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration and denied the Petition for Removal, finding that there was no final order subject to reconsideration and that the petitioner had failed to establish that the order, decision, or action would result in significant prejudice or irreparable harm.

KAISER; ATHENS ADMINISTRATORS CONCORD, SALEH ABDULLAH, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIASALEH ABDULLAH, Applicant,vs.KAISER; ATHENS ADMINISTRATORS CONCORD, Defendant(s).Case Nos. ADJ4270133 (SAC 0355990) ADJ3301601 (SAC 0355991)OPINION AND ORDERS DISMISSING PETITION FOR RECONSIDERATION AND DENYING PETITION FOR REMOVAL            Applicant, in pro per, seeks reconsideration of the denial of applicant’s request to remove “Dr. Chitnis” as a medical evaluator in this case, an Agreed Medical Evaluator, previously selected by applicant’s prior counsel, and that defendant should not be able to proceed with the deposition of Dr. Chitnis. The workers’ compensation administrative law judge (WCJ) has also denied applicant’s request to vacate the trial date for this matter.            Applicant contends that the WCJ erred by failing to grant his request regarding discovery and has failed to recuse himself from further matters regarding applicant’s claim. Applicant further contends that his case should be combined with his brother’s workers’ compensation case, that he is currently without counsel, unable to find counsel and complains about the quality of representation provided by his former counsel. Defendant filed an Answer.            We have considered the issues set forth in applicant’s petition and the contents of the WCJ’s Report and Recommendation on Petition for Reconsideration (Report). Based upon our review of the record, and for the reasons set forth in the WCJ’s Report, which we adopt and incorporate, we will dismiss applicant’s Petition for Reconsideration because there is no order subject to reconsideration. Treating the petition as a Petition for Removal, we will deny removal.            At the outset, we note that reconsideration may be had only of a final order, decision, or award. (Labor Code section 5900.) The WCJ’s decision to deny applicant’s discovery and trial , setting requests does not constitute a final order within the meaning

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