Lieu, Vi Tri

Decedent Vi Tri Lieu's putative spouse, Chai Saechao, pursued a death claim alleging he contracted COVID-19 (later amended to a January 6, 2020 specific injury also involving the right ankle/foot, right lower extremities, and diabetes) while working as a warehouse lead for PepsiCo. After the parties selected Dr. McClintock-Greenberg as the internal medicine PQME (who opined no industrial COVID-19 exposure), applicant obtained a section 4064(d) report from Dr. Mahmud and sought to send it to the PQME for review; defendant objected citing Batten and Valdez. The WCJ issued a June 5, 2025 F&O finding injury AOE/COE and permitting Dr. Mahmud's report and cover letter to be sent to the PQME. The Board treated defendant's petition for removal as a petition for reconsideration because the F&O included a final threshold finding (injury AOE/COE), granted reconsideration, rescinded the F&O, and removed the AOE/COE finding because no body part was identified and no medical evidence supported injury, while leaving intact the order allowing Dr. Mahmud's report to be sent to the PQME. The matter was returned to the trial level.