DEY LP AMERICAN ZURICH INSURANCE COMPANY LIBERTY MUTUAL INSURANCE COMPANY MARIA POHYAR WORKERS’ COMPENSATION APPEALS BOARDSTATE OF CALIFORNIAMARIA POHYAR, Applicant,vs.DEY LP; AMERICAN ZURICH INSURANCECOMPANY; LIBERTY MUTUALINSURANCE COMPANY, Defendants.Case Nos. ADJ6502775ADJ6498620ADJ8109003ADJ8115890(Santa Rosa District Office)OPINION AND ORDERS DISMISSINGPETITION FOR RECONSIDERATIN ANDDENYING PETITION FOR REMOVAL Applicant has filed a Petition for Removal with regard to a workers’ compensation administrative law judge’s (WCJ) Findings of Fact of February 18, 2014, wherein it was found that the WCJ “is without jurisdiction to determine the issue of Zurich’s right to replace. Alberto Lopez, M.D., as Panel QME in psyche per Board [sic] Rule 31.5(a)(11).” In the alternative, applicant seeks reconsideration of this finding. Applicant appears to contend that the WCAB should assume jurisdiction over the issue of whether defendait Zurich is entitled to a new panel of qualified medical evaluators (QME) under Division of Workers’ Compensation (DWC) Rules 31.5(a)(11) and 34 (Cal. Code Regs., tit. 8, §§ 31.5, 34), and after asserting jurisdiction should rule that Zurich is not entitled to a new panel. Applicant also makes arguments regarding the WCAB’s jurisdiction over improper ex parte communications with the panel QME pursuant to Labor Code section 4062.3 and DWC Rule 35 (Cal. Code Regs., tit. 8, § 35), despite the fact that the issue of any improper ex parte communication and the applicability of section 4062.3 and Rule 35 was not raised at trial. We have received an Answer from Zurich and the WCJ has filed a Report and Recommendation on Petition for Removal (Report). Reconsideration is – not proper in this matter because Labor Code section 5900(a) allows , reconsideration only of a ‘final order, decision, or award.” (Emphasis added.) (See also Lab. Code, §§ 5901-5903.) As the California Court of Appeal, Fifth Appellate Dis
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