Lara, Adda

Applicant Adda Lara petitioned for removal from a WCJ's Findings of Fact and Order, contending that the QME (Dr. Osep Armagan) should be replaced because defendant allegedly failed to serve a communication on applicant 20 days in advance under Labor Code section 4062.3(e). The undisputed facts showed defendant served its advocacy letter on January 29, 2024, applicant objected on February 15, 2024 (deemed untimely), and defendant emailed its letter to the QME on March 12, 2024 with service on all parties. The Board found defendant did not violate section 4062.3 because the communication was properly served and not ex parte, and any information was served well beyond the 20-day period. The Board further noted applicant waited until after receiving the QME's report before acting on her objection, which under Suon constituted an election to proceed with the QME. Removal was denied.