WCPanelIQ
PanelQMEMed-legalDenied

Juan Carlos Gonzalez Aguilar — ADJ21809965

JUAN CARLOS GONZALEZ AGUILAR, Applicant vs. MARVIN DAVIS CONSTRUCTION; OMAHA NATIONAL CASUALTY COMPANY, Defendants

ADJ number
ADJ21809965
Decision date
Aug 2, 2026
District office
Oakland
WCJ
—
Claim administrator
Omaha National Casualty Company
Commissioners
KATHERINE A. ZALEWSKI, CHAIR, JOSÉ H. RAZO, COMMISSIONER, PAUL F. KELLY, COMMISSIONER

Injury / body parts: back, neck, bilateral knees, lower extremity

LC §4062.21LC §4062.2LC §4060LC §4061LC §4062LC §5909LC §5900LC §5904LC §5316CCR §10605CCR §10600CCR §10955CCR §30

Summary

Applicant sought reconsideration/removal of a WCJ's Findings and Award holding that defendant's QME panel request (panel 7893809, dated December 17, 2025) was valid and applicant's later panel request (panel 7895678, dated December 23, 2025) was defective. The central dispute was whether defendant's panel was requested prematurely under section 4062.2, with applicant arguing that Code of Civil Procedure section 1013 adds 10 days when an out-of-state party (the Nebraska-based carrier) mailed the triggering document. The Board held that WCAB Rule 10605 (not CCP 1013) governs time extensions in workers' compensation cases, and that the extension depends on the location of the parties being served, not the serving party. Because the December 1, 2025 denial letter was served only on applicant and his attorney at California addresses, only a 5-day extension applied, making December 16, 2025 the earliest valid panel request date. The Board denied the petition, treating it as one for reconsideration but applying the removal standard because only an interlocutory issue was challenged.

Issues

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Holding

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Analysis

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Applicant takeaway

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Defense takeaway

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Provider takeaway

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