Almanza, Teresa

Applicant Teresa Almanza sought reconsideration of a WCJ's September 25, 2024 Order that vacated submission to develop the record after concluding that PQME Dr. Levine's psychological report should be stricken due to alleged ex parte communication arising from his interview of applicant's daughter. The Board found the Order procedurally and substantively deficient: it was unclear whether the report was actually struck, no hearing or notice was provided, and the record was inadequate to determine whether the daughter's statements even constituted prohibited ex parte communication under Labor Code section 4062.3. The Board noted exemptions under section 4062.3(i) for communications at the evaluator's request and questioned whether the daughter qualified as a 'party,' as well as whether defendant waived its objection by failing to timely raise it. Treating the petition as one for reconsideration (because section 4062.3(h) imposes mandatory cost/fee liability making such an order potentially final), the Board granted reconsideration, rescinded the Order, and returned the matter to the trial level for further proceedings consistent with due process.