Perez, Adelina

Applicant Adelina Perez was injured when an automobile crashed through her dry cleaning workplace, causing traumatic brain injury and multiple other injuries. After PQME Dr. Shorr recommended a complete neuropsychological assessment, the WCJ ordered that applicant could elect Dr. Marcel Ponton from the employer's MPN to perform the assessment. Defendant petitioned to replace Dr. Ponton, alleging applicant engaged in ex parte communication in violation of Labor Code section 4062.3(g), and the WCJ struck Dr. Ponton's report and ordered a new evaluator. On reconsideration, the Appeals Board held that section 4062.3 applies only to AMEs and panel-selected QMEs, not to a physician selected from the MPN as a treating physician, so the ex parte prohibition did not apply and there was no basis to strike the report. The Board rescinded the F&O and substituted findings that Dr. Ponton was a treating physician, that section 4062.3 did not apply, and that Dr. Ponton shall continue per the WCJ's prior order.