Flores, Jose

In this death-related workers' compensation case, applicant's counsel served subsequent cover-letter communications on two panel QMEs (Dr. Butler, internal medicine, and Dr. Mouradian, orthopedics) on April 8, 2024, with simultaneous service on defendants. The WCJ found no violation of Labor Code section 4062.3(e) because the communications were simultaneously served, but found a violation of section 4062.3(b) because the attached information was not served 20 days in advance. The WCJ exercised discretion under Suon and declined to disqualify the QMEs, noting that the attached documents had long existed and were already in the parties' possession and that discovery remained open. Defendant petitioned for removal/reconsideration. The Appeals Board treated the petition as one for reconsideration (because the underlying decision resolved threshold jurisdiction and employment issues) but applied the removal standard since petitioner only challenged interlocutory findings, and denied the petition, finding no substantial prejudice or irreparable harm.