Rodriguez, Aura

Applicant Aura Rodriguez sought removal of a WCJ's F&O that found no ex parte communication occurred when defendant requested a supplemental report from the AME, Dr. Wakim. The dispute centered on whether defendant properly served the supplemental report request on applicant's counsel, having mailed it to a business address (Bart Earle Way) that was not applicant's address of record in EAMS and at which applicant had rejected service by mail. The Board treated the petition as one for reconsideration because the F&O contained final findings on employment, but applied the removal standard since only the non-final ex parte issue was challenged. The Board found defendant failed to properly serve applicant per the Official Address Record under WCAB Rule 10625 and Labor Code section 4062.3(f), thereby committing an ex parte violation warranting a replacement evaluator. The Board rescinded the F&O, found defendant engaged in ex parte communication, ordered a replacement evaluator, but denied sanctions because the violation was inadvertent and not in bad faith, deferring the issue of costs under section 4062.3(h) to the parties.