William Arey — ADJ10266237

Applicant William Arey, a ride mechanic, claimed multiple injuries including brain, head, nervous system, and psyche injuries. Defendant moved to strike AME Dr. Bertoldi on the grounds that applicant's sister had provided medical history and symptom information at the medical-legal evaluation, allegedly constituting impermissible ex parte communication under Labor Code section 4062.3. The WCJ denied the motion, finding no ex parte communication, and defendant sought reconsideration and removal. The WCAB granted reconsideration but affirmed the WCJ's decision (except for a clerical correction), holding that the sister's transmission of applicant's medical history and symptoms was communication on applicant's behalf and was both necessary and permissible because applicant's recall was significantly compromised. The Board also rejected defendant's collateral estoppel argument and admonished defense counsel for attaching non-record documents to the petition.