In Davis v. Interim Healthcare (2000) 65 Cal.Comp.Cases 1039, a WCJ refused to apply the treating physician's presumption raised for the first time at trial. (Davis, at pp. 1039-1041.) On reconsideration, the injured employee argued she timely raised the presumption, and moreover, that as a statutory provision, the presumption need never be raised as a separate issue. ( Id. at pp. 1040-1042.) The WCAB found the presumption may be properly raised up to the time of trial and remanded the matter to the WCJ to reconsider the issue in light of the presumption. ( Id. at p. 1044.1.) The WCAB also concluded that "in the interest of judicial economy, the section 4062.9 presumption must be raised as a separate issue." ( Id. at p. 1044.) The WCAB found its conclusion "consistent with the purpose of section 5502(d)(3), that issues be set forth and resolved as expeditiously as possible." (Ibid.)