VILMA ALEMAN vs. FREDERICK'S OF HOLLYWOOD, THE HARTFORD GROUP, NORTH RIVER INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's Petition for Removal, upholding a prior order for a replacement Qualified Medical Evaluator (PQME). The Board found that the defendant failed to properly serve the applicant's attorney with the PQME panel notification, rendering the submitted medical reports inadmissible. This procedural defect meant the applicant was not afforded adequate time to strike a panel physician, thus violating statutory procedures. The Board emphasized that removal is an extraordinary remedy not to be granted without a showing of significant prejudice or irreparable harm.