Tsegay Messele

This en banc decision addresses the timeline in Labor Code section 4062.2(b) for selecting an AME and requesting a QME panel. Defendant served its first written AME proposal by mail on April 20, 2010; applicant submitted a QME panel request on May 1, 2010 and defendant on May 4, 2010. The WCJ found defendant's panel was proper, applying CCP section 1013 to extend the 10-day period by five calendar days. The Board held that when the first written AME proposal is served by mail (or any non-personal method) on a party within California, the 10-day period is extended five calendar days under WCAB Rule 10507, and that the period is computed by excluding the first day and including the last. Because both panel requests were made before expiration of the 10-day-plus-five-day period (earliest valid request being May 6, 2010), both panels were prematurely requested and improperly assigned. The Board vacated its grant of reconsideration, deemed the petition one for removal, granted removal, and rescinded the WCJ's finding.