ADJ10673950 · June 5, 2025

The WCAB found the trial judge unavailable and the record incomplete, necessitating reassignment and further proceedings.

From the decision · page 4Ill DISCUSSION This case has been going on for several years and discovery has still not been completed. Further complicating the case is the fact that the trial judge is no longer available. The length of the litigation has necessitated the appointment of four regular physician's due to death, retirement and unavailability. The record does not demonstrate a full adjudication of the issues involved in this case. This matter needs to be reassigned to a new trial judge and hearing conducted to fully adjudicate the issues. The new trial judge should determine the necessity and scope of any further discovery.

The trial judge is no longer available and the record is incomplete.

Favours Applicant prevailed

This necessitated granting the Petition for Removal and returning the matter for further proceedings.

From the decision · page 4Ill DISCUSSION This case has been going on for several years and discovery has still not been completed. Further complicating the case is the fact that the trial judge is no longer available. The length of the litigation has necessitated the appointment of four regular physician's due to death, retirement and unavailability. The record does not demonstrate a full adjudication of the issues involved in this case. This matter needs to be reassigned to a new trial judge and hearing conducted to fully adjudicate the issues. The new trial judge should determine the necessity and scope of any further discovery.

Appointed as regular physician but passed away before cross-examination.

From the decision · page 3II FACTS Because the trial judge is no longer available, this report is submitted on his behalf by the presiding judge pursuant to California Code of Regulations, title 8, section 10962(c). This matter originally proceeded to trial on September 19, 2017. The trial judge issued a Findings and Award and Order on November 22, 2027 [sic]. Following the filing of a Petition for Reconsideration, the trial judge issued an Order Rescinding the Findings and Award and set the matter for hearing on the issue of development of the record. After several hearings the matter was again submitted for decision in July 2018 and the trial judge issued an Amended Opinion on Decision on September 21, 2018. A second Petition for Reconsideration was filed on October 19, 2018, and the WCJ issued an Order Rescinding the Amended Findings and Award date 11/2/2018. The trial judge found the record still required further development of the record and appointed Dr. Roth as a regular physician. After issuing a report, Dr. Roth passed away and was unavailable for cross-examination and a replacement regular physician was appointed. Dr.

Appointed as replacement regular physician; reports were subject to a motion to strike.

From the decision · page 3Silbart was appointed as a replacement regular physician (Order dated 9/5/2019 EAMS 10#71050306). The matter again proceeded to trial on November 7, 2022 on the issue of additional panels and on the Motion to Strike the reports of the Regular Physician Dr. Silbert (MOH/SOE 11/7/2022 EAMS ID76135243). On January 9, 2023 the trial judge issued Findings and Orders Re: Discovery Issues (EAMS ID 76318451). An additional minute order issued on 4/24/2023 regarding discovery issues (EAMS ID 76415683). A Second Amended Findings and Award issued on June 2, 2023 following the April 24, 2023 trial. The June 2, 2023 Findings and Award was rescinded on July 12, 2023 following the July 3, 2023 Petition for Reconsideration. Defendant filed an August 14, 2023 Petition for Removal (EAMS ID 47711179). The Petition for Removal was denied. Further Discovery was ordered.

Appointed as new regular physician but parties unable to reach him, so replaced by Dr. Laura Hatch.

From the decision · page 4The parties appeared on May 22, 2024, and the Judge indicated that he would need to issue an NOI to appoint a new regular physician as Dr. Silbart [sic] had retired. An objection was filed and the matter was set for trial on the issue of what information may be sent to the PQME's. The MOH also noted that a new regular physician would be appointed but not to replace the previous reporting (MOH 8/21/2024 EAMS ID 78304750). Dr. Borelli was appointed as the new regular physician in the MOH dated 10/7/2024 followed by a formal order dated 11/18/2024. On November 18, 2024, Dr. Laura Hatch was appointed as the replacement regular physician as the parties were unable to reach Dr. Borelli (Order EAMS ID 78618721).

Appointed as replacement regular physician after Dr. Borelli was unavailable.

From the decision · page 4The parties appeared on May 22, 2024, and the Judge indicated that he would need to issue an NOI to appoint a new regular physician as Dr. Silbart [sic] had retired. An objection was filed and the matter was set for trial on the issue of what information may be sent to the PQME's. The MOH also noted that a new regular physician would be appointed but not to replace the previous reporting (MOH 8/21/2024 EAMS ID 78304750). Dr. Borelli was appointed as the new regular physician in the MOH dated 10/7/2024 followed by a formal order dated 11/18/2024. On November 18, 2024, Dr. Laura Hatch was appointed as the replacement regular physician as the parties were unable to reach Dr. Borelli (Order EAMS ID 78618721).

California Code of Regulations, title 8, section 10962(c)

California Code of Regulations, title 8, section 10962(c)

The presiding judge submitted the report on behalf of the unavailable trial judge pursuant to this regulation.

From the decision · page 3II FACTS Because the trial judge is no longer available, this report is submitted on his behalf by the presiding judge pursuant to California Code of Regulations, title 8, section 10962(c). This matter originally proceeded to trial on September 19, 2017. The trial judge issued a Findings and Award and Order on November 22, 2027 [sic]. Following the filing of a Petition for Reconsideration, the trial judge issued an Order Rescinding the Findings and Award and set the matter for hearing on the issue of development of the record. After several hearings the matter was again submitted for decision in July 2018 and the trial judge issued an Amended Opinion on Decision on September 21, 2018. A second Petition for Reconsideration was filed on October 19, 2018, and the WCJ issued an Order Rescinding the Amended Findings and Award date 11/2/2018. The trial judge found the record still required further development of the record and appointed Dr. Roth as a regular physician. After issuing a report, Dr. Roth passed away and was unavailable for cross-examination and a replacement regular physician was appointed. Dr.

Lengthy litigation with multiple discovery issues and judge unavailability

From the decision · page 4Ill DISCUSSION This case has been going on for several years and discovery has still not been completed. Further complicating the case is the fact that the trial judge is no longer available. The length of the litigation has necessitated the appointment of four regular physician's due to death, retirement and unavailability. The record does not demonstrate a full adjudication of the issues involved in this case. This matter needs to be reassigned to a new trial judge and hearing conducted to fully adjudicate the issues. The new trial judge should determine the necessity and scope of any further discovery.