Nash, Laurie

Applicant Laurie Nash claimed a specific injury on October 2, 2021, and the parties obtained a neurology QME panel resulting in Dr. Martin Levine, who evaluated applicant on May 25, 2023 and issued a report bearing a proof of service dated June 22, 2023. Applicant's attorney sought a replacement QME panel under AD Rule 31.5(a)(12), claiming the report was not served until July 18, 2023 via defendant's counsel and that she had objected for lateness on July 13, 2023. The WCJ ordered a replacement panel, finding defendant failed to verify the proof of service with affirmative evidence. On reconsideration, the Board held that the WCJ misapplied the mailbox rule under Suon by improperly shifting the burden back to defendant after a valid proof of service established the service presumption. The Board found applicant's emails insufficient to rebut the presumption and concluded the report was timely served. The F&O was amended to deny the replacement panel request.