Lara v. Ashley Furniture (2024 Cal. Wrk. Comp. P.D. LEXIS 62)

The WCAB held that, pursuant to Navarro v. City of Montebello (2014) 79 CCC 418 (appeals Board en banc), an applicant was entitled to a new QME even though he returned to the original QME after filing a new claim.

The applicant was evaluated by a QME for a cumulative injury through June 28, 2018, for back, shoulders and upper extremities. After that claim settled, he filed an application for a cumulative injury through Aug. 16, 2018, to his thigh, knee, ankle and foot. The applicant attended a re-evaluation scheduled by the defendant with the original QME, then deposed him, but also requested a new QME panel.

The WCAB concluded that the applicant was entitled to a new QME because a new claim was filed after the original QME evaluation.

The WCAB determined that the applicant was not estopped from obtaining a new QME just because he attended another appointment with the original QME, then took his deposition.

The WCAB found that the original QME was not selected as the QME for the subsequent claim, and the defendant proceeded at its peril in setting the appointment with the original QME.

The WCAB added that when a new Claim Form is filed after a QME evaluation has occurred, the parties should discuss whether they wish to seek an express agreement to use that QME or intend to obtain a new one and should not proceed on an assumption.