PROCEDURE FOR A 4060 PANEL PRIOR TO THE ISSUANCE OF THE DENIAL NOTICE
Normally, either party can request a PQME under Labor Code Section 4060 (medical-legal in a completely disputed claim) once a Denial Notice has officially issued. However, as discussed in
Plutarco Ravo v. WCAB (2018) 83 CCC 939, where the claim has only been "delayed" while under investigation, a party can only request a 4060 panel after waiting ten (10) days following the issuance of a "request for medical evaluation", as required under regulation 30 and Labor Code Section 4062.2(b).
In this particular case, AA attempted to rush the case to a chiropractor PQME but made no prior demand for a medical-legal consult, and therefore the PQME filing request was deemed premature.
COMMENT: This is very similar to the parties having to wait ten (10) days after objecting to a PTP report before requesting a Panel under Labor Code Sections 4061 or 4062.]
PRACTICE TIP: If AA demands a "consult" while the matter is in delay mode, defense should consider scheduling a consult with a MPN physician since the defense has medical control at this point in time.]
Congratulations to associate attorney Lisa M. Angel (San Bernardino Office) for passing the workers' compensation specialty exam.
Congratulations to associate attorney Mylene B. Aleba (San Bernardino Office) for passing the workers' compensation exam. Additionally, Mylene has been busy at the WCAB this year having successfully obtained two (2) take-nothing decisions on the cases in-chief.