JOSE CARMONA HERNANDEZ vs. DAVID CARLUCCI, SECURITY NATIONAL INSURANCE COMPANY

The Workers' Compensation Appeals Board granted the defendant's Petition for Removal, reversing the WCJ's order for a new Agreed Medical Evaluator (AME) or Qualified Medical Evaluator (QME). The Board found Dr. Allems' supplemental report was not untimely because the applicant did not properly pursue administrative remedies for an untimely report. Furthermore, the Board determined the ex parte communication was insufficient to warrant a new evaluation, as the applicant failed to provide evidence of its nature and the aggrieved party did not elect to terminate the evaluation. Consequently, the applicant is not entitled to a new AME or QME.