Margarita Baez — ADJ15382354

Applicant Margarita Baez petitioned for reconsideration of a WCJ's February 8, 2022 Findings and Order, challenging the determination that defendant's claim delay letter was sufficient to trigger the QME panel process under Labor Code sections 4060 and 4062.2. The Board first found the petition timely (filed March 7, 2022, the next business day after the 25-day deadline fell on a Saturday). Because the decision contained a threshold finding on employment, it was a final order, but applicant only challenged an interlocutory QME-panel issue, so the Board applied the removal standard. The Board found applicant failed to demonstrate significant prejudice or irreparable harm, and that reconsideration would be an adequate remedy. The petition was denied, with Commissioner Lowe writing separately to disavow her prior position in Rayo and adopt the Chavarria analysis that a delay letter may be used to request a QME panel.