Armando Diaz Espinoza — ADJ14080327

Applicant Armando Diaz Espinoza claimed injury to multiple body parts, but defendant accepted only the left shoulder and cervical spine. After applicant filed his Application, defendant sent a January 20, 2021 'Objection to Application' letter disputing the additional body parts (arm, back, hip). Applicant used that letter to obtain a QME panel in physical medicine, while defendant later obtained its own orthopedic QME panel based on a February 4, 2021 letter objecting to a treating physician's report. The WCAB rescinded the WCJ's F&O, holding that defendant's January 20 letter was not a valid basis for a panel under section 4061 because it did not object to a treating physician's medical determination, making applicant's panel invalid. Defendant's February 4 letter properly objected to a treating physician report and its panel request was timely, so defendant's panel (No. 7393277) was found valid and the parties were ordered to use it.