California: Procedure for Striking a Panel Qualified Medical Evaluator

California: Procedure for Striking a Panel Qualified Medical Evaluator

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Medical-Legal Procedure; Assignment of QME Panel.

WCAB granted removal and rescinded WCJ’s order that applicant violated LC 4062.2(c) by striking name from panel QME list prematurely, thereby nullifying the strike, when WCAB found that (1) although LC 4062.2(c) envisions that parties will use 10-day period after assignment of a panel to meaningfully confer on an AME, if a party strikes a name during 10-day period, that strike is not automatically rendered a nullity under LC 4062.2(c), (2) if a party strikes a name from panel during 10-day period, responding party has remainder of 10 days plus 3 working days to strike a name, (3) in such a circumstance, responding party must communicate that strike to initial striking party on or before the 13th day after assignment, without using additional 10 days outlined in LC 4062.2(d) to simultaneously issue notice of panel QME appointment and strike implied by making appointment, and (4) although applicant requested a new panel in her petition for reconsideration, LC 4062.2(c) clearly mandates that after each party has exercised a strike, remaining QME shall serve as medical evaluator. See Guillen panel decision.

Reminder: Be sure to check the subsequent history of a case before citing to it.

© Copyright 2012 LexisNexis. All rights reserved. This case summary will appear in a forthcoming issue of the California WCAB Noteworthy Panel Decisions Reporter (LexisNexis).

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