Cinto, Herlin

Applicant Herlin Cinto sought removal of a WCJ's December 12, 2023 Findings and Order that denied his request to replace the PQME under Labor Code section 4062.3(g). Defense counsel had inadvertently included two nonmedical exhibits (a job description and denial letter) to which applicant's attorney had objected when sending materials to the PQME's office, then sent an email (cc'ing applicant's counsel) requesting their removal before the PQME reviewed them. The parties stipulated the PQME never reviewed or addressed the objected-to documents. The Board treated the petition as one for reconsideration (because the decision included a threshold AOE/COE finding), granted it, and affirmed the F&O while amending it to clarify that defense counsel did not violate section 4062.3(g) because the ex parte communication was insignificant and inconsequential, and that the alleged section 4062.3(b) violation could not be adjudicated under Suon because it was resolved and applicant could not demonstrate aggrievement.