What the panel ordered
The WCAB granted reconsideration, rescinded the WCJ's decision, and ordered the parties to proceed with Dr. Patrick S. Hill as the QME from Panel #7719132.
Applicant sought reconsideration of a WCJ's Joint Findings and Order regarding the selection of a Qualified Medical Evaluator (QME) panel and the timeliness of a strike from the panel.
What was disputed, and how it came out
Each issue the panel decided, with the reasoning it gave. An outcome is what this panel did on this record — not a rule, and not a prediction.
QME/AME processApplicant prevailedright ring finger · foot
The WCAB found that the applicant's strike of Dr. Viswanath was untimely, but since the defendant did not timely select a QME after that, the applicant had the right to schedule an appointment with Dr. Hill, making the applicant's scheduling proper.
From the decision · page 1Applicant seeks reconsideration of a workers' compensation administrative law judge's (WCJ) Joint Findings and Order of December 19, 2024, wherein it was found that applicant issued an untimely strike from a qualified medical evaluator (QME) panel and that it was therefore defendant's right to select a QME from the remaining names on the panel. It was thus found that "Applicant's scheduling of a QME appointment with Dr. Patrick S. Hill was improper" and that "The parties are to proceed with Dr. Purab C. Viswanath as the Qualified Medical Evaluator." In these matters, applicant claims in case ADJ19432813 that while employed on February 15, 2024, an industrial injury was sustained to the right ring finger. Additionally, applicant alleges that while employed during a cumulative period ending on March 16, 2024 in case ADJ19432814, applicant sustained industrial injury to the foot.