What the panel ordered
The Joint Order Denying Applicant's Petition to Strike, served December 7, 2020, is rescinded and the matter is returned to the trial level for further proceedings
Petition for Reconsideration from the Joint Order Denying Applicant's Petition to Strike the QME medical reporting, served December 7, 2020
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 Board found the record insufficient to determine if ex parte communication occurred and remanded for further proceedings to determine if the QME should be replaced and if the applicant sought a remedy within a reasonable time.
From the decision · page 1applicant, appearing in propria persona, filed a Petition for Reconsideration from the Joint Order Denying Applicant's Petition to Strike, served December 7, 2020, wherein the workers' compensation administrative law judge (WCJ) denied applicant's request to strike the medical reporting of Qualified Medical Evaluator (QME) Dr. D'Amico and replace him with a different QME. In her Opinion on Decision, the WCJ explained that pursuant to her discretion to fashion an appropriate remedy for a violation of the QME communication rules in Labor Code section 4062.3(b), and under the circumstances presented, she found applicant would not be served by replacement of the QME.