Easton, Paula

Applicant Paula Easton sought review of a May 1, 2025 Findings and Orders in which the WCJ found that her chiropractic QME panel request was invalid because, under Labor Code section 4060(c), a compensability evaluation can only be requested 'after the filing of the claim form,' and applicant had requested the panel essentially contemporaneously with filing the claim form. The WCJ relied on the split panel decision in Rodriguez v. Taylor Fresh Foods. Applicant argued that section 4060(c) contains no language requiring the claim form to be filed before a party requests a compensability evaluation, and that her panel was actually requested 16 days after filing the claim form while the claim was on delay. The Board first determined that the WCJ's decision was a final order (because it resolved threshold issues of employer and last date of injurious exposure) and therefore treated the petition for removal as one for reconsideration. The Board granted reconsideration and deferred a final decision on the merits pending further review of the record.