Justo v. Consolidated Staffing Solutions, Inc. (2024 Cal. Wrk. Comp. P.D. LEXIS 368)

The WCAB held that an applicant, who claimed a single cumulative trauma injury while working for two different employers, was entitled to obtain a QME panel against each of the employers when she had not made an election pursuant to LC §5500.5(c).

The WCAB explained that it was the applicant’s right not to elect against any defendant and to proceed against all insurers or employers individually. It added that in such proceedings, each set of parties may proceed with the QME panel process.

The WCAB believed that the election rules exist for the benefit and expediency of the injured worker, and that it is the right of that person not to elect, even if it means potential delays and complications.