Alice Swetzer — ADJ3409548, ADJ2825274

Applicant Alice Swetzer, in pro per, petitioned for reconsideration of a Joint Order denying her petition to strike the QME reporting of Dr. D'Amico and replace him with a new QME. She alleged that defendant engaged in prohibited ex parte communication with the QME by sending a proposed advocacy letter over her timely objection and provided undisclosed medical records, and that she discovered new material evidence. The WCAB granted reconsideration but found the record insufficient under Hamilton to determine the parties' framing of the issues, whether an ex parte communication actually occurred, and whether the WCJ's order was based on admitted evidence. The Board rescinded the Joint Order and returned the matter to the trial level for further proceedings on a complete record, including determinations as to whether ex parte communication occurred and, if so, whether applicant sought a remedy within a reasonable time under Labor Code section 4062.3(g) and Suon.