Ortiz, Ana Bertha

Applicant Ana Bertha Ortiz sustained an industrial injury to her head, back, and left elbow while working as a laborer on November 11, 2024. After defendant objected to the treating chiropractor's opinion and proposed an AME on March 18, 2025 (served by email March 19, 2025), defendant requested a PQME panel in orthopedic surgery, and the Medical Unit issued panel 7799274 on April 3, 2025. The dispute centered on whether defendant's panel request was premature under Labor Code section 4062.2(b). Because the objection was served by email within California, the 10-day waiting period was extended by 5 days, meaning the earliest a panel could be requested was after 5:00 pm on April 3, 2025. The Board found defendant requested the panel before 5:00 pm on April 3, 2025, making the request premature and the panel invalid. The Board granted the petition (treated as reconsideration), amended the F&O to find panel 7799274 invalid, and returned the matter to the district office.