Nguyen, Tu David

Applicant Tu David Nguyen filed a Petition for Removal/Reconsideration challenging a WCJ's decision in a claim against Broadcom, Inc. and its carrier. The decision contained both a threshold (final) finding and an interlocutory finding, but the petitioner only disputed the interlocutory finding regarding whether emails between defense counsel and the office of QME Raye Bellinger, M.D., constituted improper ex parte communication warranting replacement of the doctor. The Board treated the petition as one for reconsideration because the underlying decision resolved a threshold issue, but applied the removal standard because the challenge was limited to interlocutory matters. The Board found the emails regarding scheduling the deposition were administrative and inconsequential, not grounds to replace the physician. The Board concluded the petitioner failed to show significant prejudice or irreparable harm and denied the petition.