Rogelio Trigueros — ADJ3190781

This decision after remand addresses the proper method of calculating the waiting period before a party may request a QME panel under Labor Code section 4062.2(b). The dispute centered on how many days to add to the statutory 10-day waiting period that begins on the date of mailing of a request for a medical evaluation. The Fifth Appellate District remanded the matter, and the WCAB concurred that under WCAB Rule 10605 and Messele v. Pitco Foods, only five days (for in-California mail service) should be added to the 10-day statutory period, for a total of 15 days. Because applicant waited 16 days from defendant's May 4, 2020 delay notice (which was served only on California parties) before requesting the panel, his request was timely and valid. The WCAB affirmed the WCJ's December 28, 2020 Findings of Fact.