Maria Jesus Servin — ADJ12089427

Applicant Maria Jesus Servin sought removal of the WCJ's October 30, 2020 Findings and Order, which found injury AOE/COE, defective QME notice under AD Rule 34(a), and that applicant's attorney's advocacy letter to QME Dr. Yavari constituted an improper ex parte communication, ordering a replacement QME panel. Applicant argued her due process rights were violated because the ex parte communication issue was never raised in the pre-trial conference statement or at trial. Because the F&O contained a stipulation on injury AOE/COE (a threshold issue), the Board treated the petition as one for reconsideration. The Board agreed that the WCJ's finding on the unraised ex parte issue violated due process and, noting the WCJ conceded that finding was not material to the replacement panel order, struck Finding of Fact 4. The F&O was otherwise affirmed.