John Kilpatrick — ADJ8349114, ADJ8349116, ADJ8349118

Applicant John Kilpatrick filed a Petition for Reconsideration/Removal challenging the WCJ's September 1, 2022 Findings, Award and Order granting defendant a replacement QME panel due to applicant's violation of Labor Code section 4062.3. The WCJ found that applicant's February 8, 2022 advocacy letter to the PQME contained misleading and inflammatory language that warranted a new psychiatric QME panel. The Board dismissed the petition to the extent it sought reconsideration because the order was interlocutory and not final, and denied it to the extent it sought removal because applicant failed to show substantial prejudice or irreparable harm. The Board found the letter was not an ex parte communication (since served simultaneously on defendant) but may have violated section 4062.3(b) for serving information without the required 20-day advance service, and the WCJ properly exercised discretion under Suon to order a replacement QME.