Joseph Medeiros — ADJ14053906

Applicant Joseph Medeiros sustained an injury to his low back while employed by the County of Sonoma Sheriff's Department, permissibly self-insured. After applicant was evaluated by panel QME Dr. Andrew Burt while unrepresented, applicant became represented, and defendant requested a new QME panel under Labor Code section 4062.2, claiming a new panel was required. The WCJ found Dr. Burt was the valid QME, the second panel was an invalid duplicate, and the parties must continue discovery with Dr. Burt. The Board treated defendant's Petition for Removal as a petition for reconsideration because the decision resolved a threshold AOE/COE issue, but applied the removal standard to the interlocutory QME discovery dispute. The Board denied the petition, holding that under Romero v. Costco, once an applicant has attended and participated in an evaluation, a new panel is not required upon representation.