Patrick Hanson — ADJ14125839

Applicant Patrick Hanson, a deputy sheriff, sought a replacement QME panel under AD Rule 31.5(a)(2), claiming the selected orthopedic QME could not schedule an appointment within 60 days. The DWC Medical Unit and WCJ denied the request, finding that COVID emergency Rule 46.2 had suspended Rule 31.3(e)'s 60/90-day limits and replaced them with 90/120-day limits applicable during the public health emergency. Applicant petitioned for reconsideration/removal, arguing Rule 31.5's independent 60-day limit was not suspended by Rule 46.2. The Board treated the petition as a hybrid (final on the employment threshold issue but interlocutory as to the panel dispute) and applied the removal standard. The Board harmonized the regulations, holding that Rule 31.5(a)(2) is merely the remedy for time limits exceeded under Rule 31.3(e) or emergency Rule 46.2, and that the extended 90/120-day limits governed. The petition was denied because applicant failed to show irreparable harm or significant prejudice.