What the panel ordered
The WCAB granted defendant's petition for reconsideration, rescinded the June 28, 2022 Findings and Order, and substituted new Findings affirming that Dr. Wellborn's reports are not substantial medical evidence but must remain part of the record and Dr. Wellborn is not disqualified as PQME.
Defendant sought reconsideration of the June 28, 2022 Findings and Order by the WCJ, which found applicant sustained industrial injury and struck PQME Dr. Wellborn's reports as not substantial medical evidence and disqualified him. The WCAB granted reconsideration, rescinded the June 28, 2022 order, affirmed the finding that Dr. Wellborn's reports are not substantial medical evidence, but reversed the striking of the reports and disqualification of Dr. Wellborn.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The WCAB agreed with the WCJ that Dr. Wellborn's reports are not substantial medical evidence and the WCJ may assign the reports whatever weight she deems appropriate, but there are no legal grounds for disqualification or replacement of the PQME, so the reports must remain part of the record.
From the decision · page 3Whether or not a medical report is substantial evidence is a determination regarding the weight of the evidence, not its admissibility. (Cal. Code Regs., tit. 8, § 10682(c).) Moreover, there has been no finding of grounds for replacement of the PQME pursuant to Labor Code section 4062.3 or Administrative Director (AD) Rule 31.5 and the WCJ has not cited any legal authority for disqualifying him. Therefore, while we agree with the WCJ that Dr. Wellborn's reports are not substantial medical evidence, that the WCJ may assign the reports whatever weight she deems appropriate, and that the WCJ has the discretion to appointment a regular physician pursuant to Labor Code section 5701 if the parties cannot or will not agree to an agreed medical examiner (AME), Dr. Wellborn's reports, which were admitted at the February 7, 2022 trial, must remain part of the record and there are presently no legal grounds for disqualification or replacement of the PQME.