What the panel ordered
The Appeals Board granted the petition for reconsideration, rescinded the WCJ's Findings of Fact, Orders and Opinion on Decision, removed Dr. Allan Kipperman as the psychiatric AME due to applicant's ex parte communication, struck only the November 16, 2019 report of Dr. Kipperman as inadmissible, retained Dr. Charles Xeller as the orthopedic QME, and ordered the parties to proceed with Dr. Ann Allen for psychiatric evaluation and continue with Dr. Xeller for orthopedic evaluation.
Applicant sought removal of the Findings of Fact, Orders and Opinion on Decision issued by the WCJ on January 28, 2021, which removed the psychiatric AME and orthopedic QME and excluded their reports from evidence. The WCJ had appointed new evaluators. The Appeals Board granted reconsideration, rescinded the WCJ's decision, and issued a new decision removing the psychiatric AME due to applicant's ex parte communication and retaining the orthopedic QME.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
The Appeals Board found that applicant's attorney engaged in improper ex parte communication with the psychiatric AME, Dr. Kipperman, by sending defendant's Petition to him without copying defendant, which violated Labor Code section 4062.3(g). This justified removal of Dr. Kipperman as the psychiatric AME and striking only the November 16, 2019 report as inadmissible.