Pham, Peter

Applicant Peter Pham, a project manager alleging psychiatric injury, had an in-person reevaluation with psychiatric PQME Dr. Diane Weiss on June 22, 2023. Three days later, the represented applicant sent an email to the QME's office without copying defendant, followed by a retraction email, with his attorney later adding defense counsel and asking the QME to ignore it. The WCJ denied defendant's motion for a replacement QME, reasoning that defendant failed to prove the email actually reached the 'eyes or ears' of Dr. Weiss. The WCAB granted removal, holding that the question of whether the QME actually reviewed the communication is irrelevant because prejudice is not a consideration in ex parte analysis under Labor Code section 4062.3. The Board rescinded the F&O, ordered a replacement psychiatry panel, and struck only Dr. Weiss's July 22, 2023 report (issued after the ex parte contact) while preserving her prior reports and deposition testimony.