Vallejo, Cipriano

Applicant Cipriano Vallejo had three pending claims against the Department of Developmental Services (legally uninsured, administered by SCIF), with Dr. Halbridge serving as AME in orthopedics. Applicant alleged that defense letters to the AME constituted improper communications under Labor Code section 4062.3 and Maxham, and petitioned to compel depositions of the claims adjuster (Zabrina Hampton) and SCIF's person most knowledgeable regarding adjuster training on 4062.3. The WCJ issued an order deeming a prior discovery order 'final' compelling the depositions, and defendant sought removal. The WCAB granted reconsideration, treated the petition under the removal standard, and rescinded the F&O because applicant never served a deposition notice or subpoena under section 5710 before moving to compel, depriving defendant of due process. The Board returned the matter to the trial level, noting that any compelled discovery on alleged 4062.3 violations must be preceded by a determination of whether a violation actually occurred.