Justo, Alma

Applicant Alma Justo claimed a cumulative trauma injury (2/15/2019–2/15/2020) while working for two staffing employers (Citistaff and Consolidated Staffing) during the same period. After defendant Citistaff obtained an orthopedic QME panel and proceeded with Dr. Dixon, it was discovered applicant also worked for Consolidated Staffing, which denied compensability. Applicant, electing not to elect under section 5500.5, obtained a separate chiropractic QME panel (#7653853) against Consolidated Staffing, which the WCJ found invalid. The Board granted reconsideration (treated as removal), holding that an injured worker has the right not to elect against any defendant and to proceed against each employer individually, which entitles the worker to pursue the QME panel process anew under sections 4060 and 4062.2 for each set of parties. The Board rescinded the F&O and found panel #7653853 valid.