Rodriguez v. Taylor Fresh Foods  (2024 Cal. Wrk. Comp. P.D. LEXIS 5)

The panel majority held that an applicant’s request for a QME panel was invalid when it was simultaneously served with a Claim Form.

 The majority explained that LC §4060 permits a medical-legal evaluation to determine compensability “at any time after the filing of the Claim Form.”

The majority concluded that because the applicant’s initial request for a compensability evaluation was made simultaneously with the service of a Claim Form, her request for a compensability evaluation did not comport with LC §4060, so her panel was invalid.

The dissenting Commissioner found that the evidence established that the Claim Form was served on the employer and filed with the Board before the applicant’s request for a QME panel.