Israel Mendoza — ADJ16963666

Defendant sought reconsideration of a WCJ's Findings and Order determining that defendant was not entitled to a replacement panel after defendant alleged that PQME orthopedist James Esch, M.D. had an expired/delinquent physician and surgeon license during the pendency of the claim. The WCAB treated the petition under the removal standard because the challenged order regarding the replacement panel was interlocutory, even though the decision contained final/threshold findings. The Board found that Dr. Esch's license had been renewed and was current (expiring November 30, 2026), and that there was no evidence his license was delinquent when he was selected or when he prepared his reports. Citing McKinney, the Board distinguished a mere expired license for unpaid renewal fees from formal discipline (suspension, revocation, probation), and held only the latter renders QME reports inadmissible under Labor Code section 139.2(m). The Board denied the petition, finding no significant prejudice or irreparable harm warranting removal.