Borrego v. Monterey County Office of Education, (2024 Cal. Wrk. Comp. P.D. LEXIS 16)

The WCAB held that an applicant was entitled to be evaluated by a QME selected pursuant to LC §4062.1, which applies to unrepresented employees, when she consulted with an attorney before the selection of a PQME but had not signed a fee agreement with an attorney until after the evaluation.

The WCAB explained that a person who consults with an attorney for the purpose of securing legal advice is only a prospective client and is not considered to be represented by an attorney until a fee agreement is signed.

The WCAB added that the applicant’s discussion with the attorney before signing a fee agreement was protected by attorney-client privilege, but that the content of any conversations before the signing of the agreement was irrelevant to the applicant’s entitlement to the unrepresented track pursuant to LC §4062.1.