Suon Sandab

This en banc decision addresses disputes over what information may be provided to a panel QME and what constitutes prohibited ex parte communication under Labor Code section 4062.3. After applicant filed three consolidated claims, The Hartford sent internal medicine QME Dr. Weber a copy of the psychiatric QME's report following Dr. Weber's deposition request, without clearly serving applicant's counsel 20 days in advance. The WCJ found The Hartford violated section 4062.3(b) and engaged in ex parte communication, ordering a new internal medicine panel. ICW sought reconsideration or removal. The Appeals Board held removal (not reconsideration) is the proper avenue, established that objections to provision of records and elections to terminate must be made within a reasonable time, and that the trier of fact has wide discretion to fashion a remedy for section 4062.3(b) violations. The Board rescinded the Findings and remanded for the WCJ to determine whether the letter was properly served and the appropriate remedy.