MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC., THERESA MICHELLE DELGADO, WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIATHERESA MICHELLE DELGADO, Applicant,vs.MERCED CITY SCHOOL DISTRICT, Permissibly Self-Insured, Adjusted By CLAIMS MANAGEMENT, INC., Defendant.Case Nos. ADJ460346 (STK 0189196)ADJ3032103 (STK 0191252)OPINION AND ORDER DENYING APPLICANT’S RECONSIDERATION Applicant seeks reconsideration of our Opinion and Order Granting Reconsideration and Decision After Reconsideration issued on March 23, 2009, wherein we granted reconsideration and rescinded the Findings and Award issued by the workers’ compensation administrative law judge (WCJ) on December 31, 2008. In the December 31, 2008 decision, the WCJ found that applicant, while employed as a teacher on November 3, 2003 (STK 0189196) and during a cumulative period through November 7, 2003 (STK 0191252), sustained industrial injury to herpsyche, causing 27% permanent disability and a need for further medical treatment. Previously, the WCJ denied defendant’s motion at a mandatory settlement conference (MSC) to develop the record by obtaining a psychiatric reevaluation and further medical reporting from a qualified medical examiner (QME). In our March 23, 2009 decision, we returned the matter to the trial level to allow further development of the record. Applicant contends we erred in allowing further development of the record, arguing that defendant was required to have its exhibits ready at the October 27, 2008 MSC pursuant to Labor Code section 5502(e)(3)1 and Appeals Board Rule 10353(c). Applicant contends that the medical reports are not stale, arguing that there must be evidence which demonstrates that a medical-legal 1Unless otherwise stated, all further statutory references are to the Labor Code. , report is no longer germane. Applicant argues that the passage of time, by itself, does not discredit a report or lessen its value as
