Saenz, Yeni

Applicant Yeni Saenz claimed industrial injuries to her right ring finger (specific) and foot (cumulative) while working as a janitor. After QME Panel #7719132 of orthopedic surgeons issued on August 6, 2024, defendant timely struck Dr. Attenello, but applicant's strike of Dr. Viswanath was concededly untimely. Applicant nevertheless scheduled an appointment with the remaining doctor, Dr. Hill, while defendant—not immediately detecting the late strike—later cancelled it (43 days after) and selected Dr. Viswanath. The WCAB majority granted reconsideration, holding that because defendant failed to exercise its right to select a QME within a reasonable time (10 days), applicant had the concurrent right to schedule with any remaining panelist, so the appointment with Dr. Hill was proper. Commissioner Razo dissented, agreeing with the WCJ that applicant obfuscated the untimely strike and immediately scheduled with Dr. Hill during defendant's exclusive selection period.