Ruben Ceballos — ADJ12559747, ADJ12573699

Applicant Ruben Ceballos claimed psychiatric and bilateral upper extremity injuries while employed by Access to Independence of San Diego. After the psychology QME, Dr. Mednitsky, would only conduct a re-evaluation by telehealth and applicant refused to agree, defendant requested and obtained a replacement QME panel from the Medical Unit rather than presenting the telehealth dispute to the WCAB. The WCJ found defendant was not entitled to a replacement panel, and defendant sought reconsideration, also challenging the WCJ's admission of a post-MSC letter from Dr. Mednitsky. The Board granted reconsideration solely to add an order formally admitting applicant's Exhibit 3 into evidence, but otherwise affirmed, holding that the proper remedy for a disputed telehealth evaluation under AD Rule 46.2 is an objection and DOR to the WCAB, not a replacement panel, and that AD Rule 31.5(a)(2)'s scheduling timeframe applies only to initial appointments, not re-evaluations.