Ramos, Fredy

Defendant initiated the PQME process and served an orthopedic panel and a strike of Dr. Kabaei on applicant by first class mail. Applicant's attorneys responded by striking Dr. Kang via email rather than first class mail, and defendant argued the email strike was invalid because it did not use the default first class mail method. The WCJ found that AD Rule 10205.6(b) requires strikes to be served by first class mail absent agreement, and that WCAB Rule 10625(b)(2) did not permit electronic service. On removal, the Appeals Board rescinded the F&O, holding that Labor Code section 4062.2 only requires a party to exercise the right to strike by timely notifying opposing counsel—formal service is not required—so applicant's electronic notification was valid. The matter was returned to the trial level with new findings that applicant timely exercised the strike.