Manalang, Rey

Defendant petitioned for reconsideration (treated as removal) of a January 7, 2025 WCJ decision that found Dr. John Finkenberg violated Labor Code sections 4628 and 4062.3, ordered him replaced as the orthopedic PQME, and directed issuance of a replacement panel. The Appeals Board affirmed the WCJ's finding that defendant violated section 4062.3 by sending witness statements and subpoenaed records to the PQME without providing copies to applicant, and that these violations warranted a replacement panel. However, the Board found the record lacked adequate notice to Dr. Finkenberg of the section 4628 allegations, raising due process concerns given the potential consequences to the physician (loss of QME reappointment and inability to recover fees). The Board therefore granted reconsideration to rescind and defer the section 4628 finding, while otherwise affirming and restating the decision. The Board also addressed timeliness under amended section 5909 and declined to decide applicant's new 'clarification' issues regarding records to be sent to the replacement QME.