QME STRIKE VIA E-MAIL IS VALID

In Ramos v. Aqua Construction (2025 Cal.Wrk. Comp. P.D. LEXIS 378) a defense attorney asserted a formal written strike of a QME from the PQME list is required, making the applicant's strike via e-mail invalid.

The WCAB noted Labor Code 4062.2 allows a party to exercise the right to strike, without any need for a formal written communication, and therefore use of an e-mail was valid.

[COMMENT: Given the tight timeline for making QME strikes, parties basically have to use e-mail or fax versus snail mail which can take over a week to receive.]

LONG COVID AND CHRONIC LUNG DISEASE FOR TD PURPOSES

In Sanchez v. Sunflower Gardens (2025) 53 CWCR 202 a residential facility employee contracted long COVID-19 and related pneumonia. Defense stopped paying TD benefits after the maximum 104 weeks even though the applicant remained temporarily disabled.

The trial judge and Board determined that in this case the long COVID constituted a disabling "chronic lung disease" with entitlement up to 240 weeks of TD per Labor Code 4656(c)(3).

[COMMENT: It is not enough to just get COVID to extend TD indemnity beyond 104 weeks, there has to be medical proof the chronic condition is "serious in nature and persists without full cure or worsens over an extended period of time."]

ARE LABOR CODE 5710 ABUSES FINALLY BEING CORRALLED?

The DWC has issued a proposal to address Labor Code section 5710 fees and abuses, similar to its actions in 2022 regarding copy services.

The initial proposal would include an hourly fee range from $250 (hearing reps) to $500 (certified specialists); disallow the recent practice of charging minimum or flat rate fees if case settles pre-deposition; and no billing for general file review, travel time or expenses, review of deposition transcript, for administrative or clerical tasks.

[COMMENT: There has been talk of LC 5710 attorney fee reforms for over a decade, and this proposal is in the right direction. The deadline for submitting on-line comments to the DWC was 2/13/2026.]

HEWS NEWS

The firm is a primary sponsor of the DWC Education Conference. We look forward to seeing our colleagues at this annual event. Attorney Lynn Peterson will be at the Oakland location, while H. Neal Wells IV will be present a few weeks later at the Los Angeles location.

We welcome attorney Danette R. Kamahele to the firm, who is based in our Burbank office. Ms. Kamahele brings 30 years of diverse legal experience including business litigation, criminal law, immigration and family law.

February Work Anniversaries:

SBR legal assistant Bailey Heilman (one year).

_______________________________

Main Contributor: H. Neal Wells IV hnw@hmplc.com

Editorial Staff: Lynn P. Peterson

lpp@hmplc.com

• San Bernardino (909) 890-0403 (sbr@hmplc.com)
• Santa Ana (949) 250-1216 (ana@hmplc.com)
• Burbank (818) 265-0940 (cxr@hmplc.com)
• Calabasas (818) 348-8366 (cls@hmplc.com)

www.hmplc.com

The above is for informational purposes only, and not intended to constitute legal advice.