Warehouse Discount Center; SCIF Insured Oxnard Felix Aguilar WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAFELIX AGUILAR, Applicant,vs.WAREHOUSE DISCOUNT CENTER;SCIF INSURED OXNARD, Defendant(s).Case No. ADJ2796539 (LAO 0840098), ADJ4363495 (LAO 0840099)ADJ7155229OPINION AND ORDER DISMISSING PETITION FOR REMOVAL Defendant has filed a timely, verified petition for removal,, requesting that the Appeals Board reverse the Order dated March 23, 2010, wherein the workers’ compensation administrative law judge (WCJ) denied defendant’s petition for a protective order, restraining applicant’s attorney from engaging in any kind of ex parte communication with an agreed medical evaluator (AME), if applicant’s attorney attended the AME examination with her client. Defendant contends that applicant’s attorney had threatened to engage in various communications with the AME at the examination and that it will suffer significant prejudice and irreparable harm if she does so. We have not received an answer from applicant. According to the Minutes of Hearing of the trial held on March 23, 2010, the AME examination was scheduled for May 6, 2010. That date has now passed. Therefore, this petition is moot, and we dismiss it. , For the benefit of the parties, if this issue arose at the AME evaluation or arises in the future, we note the following: Labor Code section 4062.3(f)1 provides: “Ex parte communication with an agreed medical evaluator . is prohibited. If a party communicates with the agreed medical evaluator.. in violation of subdivision (e), the aggrieved party may elect to terminate the medical evaluation and seek a new evaluation from another qualified medical evaluator to be selected according to Section 4062.1 or 4062.2, as applicable, or proceed with the initial evaluation.” See Alvarez v. Workers’ Comp. Appeals Bd. (2010) 184 Cal.App.4th 860 [75 Ca1.Comp.Cases ]. Section 4062.3(g) provides: “The party making
