Maria Garcia Cervantes — ADJ14388789

Applicant Maria Garcia-Cervantes, while unrepresented, obtained a QME panel and attended two scheduled examinations, but no examination was conducted at either appointment because an interpreter was not present (due to incorrect addresses and a clerical error). After applicant became represented, defendant requested a new QME panel under Labor Code section 4062.2, arguing no medical-legal evaluation had been received. The WCJ found defendant was not precluded from requesting a new panel, and applicant sought removal. Applying the removal standard and relying on Romero v. Costco Wholesale, the majority held that because no examination was actually conducted, applicant had not 'received' a comprehensive medical-legal evaluation, so defendant was entitled to a new panel. The Board affirmed the F&O. Chair Zalewski dissented, arguing that applicant participated to the extent she was able and that defendant's own errors prevented completion, so defendant should be precluded from a new panel.