Gus Kowal — ADJ12372302

Applicant Gus Kowal, a roofer for the County of Los Angeles, obtained an orthopedic QME panel (No. 7289118) on October 11, 2019 for his 2012 cumulative trauma claim. Defendant timely struck a physician on October 16, 2019, but applicant's strike of Dr. Hannani on October 29, 2019 was untimely. Applicant later scheduled an appointment with Dr. Hannani within 90 days of his appointment request, and defendant objected since applicant had purportedly struck that physician. The WCAB held that because applicant's strike was untimely and invalid, both remaining physicians remained viable, and applicant could schedule with Dr. Hannani by waiving the 60-day requirement under AD Rule 31.3(e) to accept an appointment within 90 days. The Board granted reconsideration, rescinded the F&O, and ordered the parties to proceed with the existing panel No. 7289118.