Mahr, Damion

Applicant Damion Mahr claimed industrial injury to his psyche, stress, back, shoulders, and right knee while employed as loss prevention/security. After the psychology QME, Dr. Freiha, testified at deposition that two written statements authored by applicant reached his office through an unclear channel, defendant petitioned for a replacement QME panel alleging ex parte communication under Labor Code section 4062.3. The WCJ granted the replacement panel petition, finding the statements were not provided at the evaluator's request nor during the examination. On reconsideration, the WCAB (treating the petition under the removal standard because only an interlocutory issue was challenged) found the record insufficient because the QME himself was uncertain how and when the documents were transmitted. The Board rescinded the F&O and remanded for development of the record regarding when and how the statements reached the QME.