What the panel ordered
Defendant's Petition for Reconsideration of the Findings of Fact, Order issued on September 25, 2025 by WCJ is denied.
Defendant sought removal of the Findings of Fact, Order issued on September 25, 2025 by WCJ, challenging a non-final finding related to discovery; the petition was treated as one for reconsideration but removal standard applied.
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.
Defendant failed to establish substantial prejudice or irreparable harm from the showing of the video to the AME during the evaluation, and reconsideration was an adequate remedy for any final decision.
From the decision · page 1Defendant sought removal1 of the Findings of Fact, Order (F&O) issued on September 25, 2025 by a workers' compensation administrative law judge (WCJ), wherein the WCJ found in pertinent part that "[t]he short, approximately three second video of the applicant's calf muscle shown to the AME during the AME appointment is permissible communication during a regular examination." (F&O, Finding of Fact No. 20.)2 Based on this finding of fact, the WCJ denied defendant's Petition for Replacement Panel.