Tsegay Messele

In this en banc decision, the WCAB granted reconsideration on its own motion under Labor Code section 5911 to address widespread confusion created by its September 26, 2011 Messele decision, which had clarified the timeline under section 4062.2(b) for selecting an AME and requesting a QME panel (holding the period is extended five calendar days for mailed AME proposals served within California and that the count starts the day after the proposal). The Board issued a notice of intention to modify the prior decision to apply prospectively only—governing all panel requests made after September 26, 2011—to avoid a 'landslide of reopenings,' challenges to previously unobjected-to panels, and disruption of settlements based on existing QME reports. The Board specified that where a panel was prematurely but otherwise properly requested before September 26, 2011 without a prematurity objection, it could not later be challenged on that ground, and that the decision would not constitute good cause to reopen any order, decision, or award. The Board also corrected a clerical error changing a date from '2011' to 'May 6, 2010.' Interested parties were given ten days (plus five for mailing) to file written comments.