Nelly Romero

Applicant Nelly Romero sustained an admitted cumulative industrial injury to her neck and upper extremities while working as a cashier for Costco. While unrepresented, defendant objected to her treating physician's physical therapy recommendation under section 4062 and obtained a QME panel of three medical doctors, from which it selected orthopedic surgeon Dr. Peter Salamon. Before any examination occurred, applicant became represented by counsel and requested a new QME panel consisting of chiropractors. The WCJ ordered the Medical Unit to issue a new chiropractor panel, and defendant sought removal. The Board denied removal, holding that an employee has not 'received' a comprehensive medical-legal evaluation under sections 4062.1(e) and 4062.2(e) unless and until the employee actually attends and participates in the evaluator's examination, so applicant was entitled to a new panel under section 4062.2.