Rogelio Trigueros — ADJ13190781

Applicant Rogelio Trigueros, a farm laborer claiming injury to his bilateral upper extremities, shoulders, arms, hands and fingers, requested QME panel number 7336281 (chiropractic) on May 20, 2020 based on defendant's May 4, 2020 claim delay notice. The carrier's address of record was in Kansas City, Missouri (outside California but within the United States). The WCJ found the panel valid, concluding applicant properly waited 16 days from the delay notice. On reconsideration, the Board held that under Labor Code section 4062.2(b) the applicant had to wait at least 10 days after mailing of the request plus an additional 10 days under WCAB Rule 10605(a)(2) (mailing outside California but within the U.S.), totaling at least 20 days. Because applicant requested the panel only 16 days after the delay notice, the request was premature and the resulting panel was invalid. The Board amended the Findings to declare QME panel number 7336281 invalid.