ADJ21809965 · August 3, 2026

The WCJ and Appeals Board found defendant's QME panel request valid because the denial letter was served on in-state parties, triggering only a 5-day extension under WCAB Rule 10605, not the 10-day extension applicant argued under Code of Civil Procedure section 1013. Applicant's panel request was defective and invalid.

From the decision · page 1Applicant seeks removal or in the alternative reconsideration of the Findings and Award (F&A) issued on April 13, 2026. The workers’ compensation administrative law judge (WCJ) found, in relevant part, that the Qualified Medical Evaluator (QME) panel request and panel list number 7893809 dated December 17, 2025 requested by defendant was not defective and was the valid QME panel; that applicant is required to be evaluated by a doctor selected from that list pursuant to Labor Code section 4062.2 1; that the QME panel request and list requested by applicant’s counsel dated December 23, 2025, panel number 7895678, is defective and is not valid; and that applicant is not entitled to be evaluated by doctors selected from that list. Applicant contends that defendant’s panel request was defective as it was requested prematurely pursuant to section 4062.2 because Code of Civil Procedure section 1013 adds 10 days to the time to act where an out of state party is involved. Applicant contends that the WCJ erred by calculating the time based only on service, and only adding 5 days for service based on service on in state parties only, and not taking into account that the sending party was out of state. Defendant did not file a response. The WCJ issued a Report and Recommendation (Report) recommending denial of the petition.

Denial letter was served on applicant and his attorney at California addresses, triggering only a 5-day extension under WCAB Rule 10605.

Favours Defendant prevailed

This controlled the timing for valid QME panel requests, making defendant's panel valid and applicant's panel invalid.

From the decision · page 81013.” (Trigueros, supra, at *4.) 4 Thus, Trigueros concluded that Code of Civil Procedure section 1013 does not apply, but that WCAB Rule 10605 controls for extending time for service in workers’ compensation cases. Here the triggering event was service of the denial letter dated December 1, 2025, which was only served on applicant and his attorney, both at California addresses. Therefore, the extension of time pursuant to WCAB Rule 10605 for any party to have requested the assignment of a QME panel based on the mailing of the denial letter was 5 days, and the first date that the QME panel could issue was 15 days from December 1, 2025 or December 16, 2025. 5 This time period is equally extended to both parties. To the extent that applicant alleges that the electronic system would not have allowed them to request a panel on December 16, we cannot address that issue as there is no evidence that applicant attempted to do so and no evidence that a response would have issued that the request was premature. Therefore, we agree with the WCJ’s decision that defendant’s panel is valid. Accordingly, we deny the Petition as one for Reconsideration.

Labor Code

Labor Code section 4062.2

Governs timing and procedure for QME panel requests in compensability disputes.

From the decision · page 5(Lab. Code, § 4060(c).) Section 4062.2 provides in pertinent part that: (b) No earlier than the first working day that is at least 10 days after the date of mailing of a request for a medical evaluation pursuant to Section 4060 or the first

Cal. Code Regs., tit. 8, § 10605

WCAB Rule 10605

Controls calculation of time extensions for service in workers' compensation cases, overriding Code of Civil Procedure section 1013.

From the decision · page 7Under subdivision (b), it states that: “For purposes of this rule, ‘[the] place of address and the place of mailing’ means the street address or Post Office Box of the party, attorney or other agent of record being served, as reflected in the Official Address Record at the time of service...” (Cal. Code Regs., tit. 8, § 10605, emphasis added.) Applicant argues ten days should be added regardless of whether the out of state party is serving or being served, and cites to Code of Civil Procedure section 1013 which states: Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States...

Applicant's argument that the QME panel request was premature based on out-of-state service was rejected because WCAB Rule 10605 governs time extensions, not Code of Civil Procedure section 1013.

From the decision · page 7Under subdivision (b), it states that: “For purposes of this rule, ‘[the] place of address and the place of mailing’ means the street address or Post Office Box of the party, attorney or other agent of record being served, as reflected in the Official Address Record at the time of service...” (Cal. Code Regs., tit. 8, § 10605, emphasis added.) Applicant argues ten days should be added regardless of whether the out of state party is serving or being served, and cites to Code of Civil Procedure section 1013 which states: Service is complete at the time of the deposit, but any period of notice and any right or duty to do any act or make any response within any period or on a date certain after service of the document, which time period or date is prescribed by statute or rule of court, shall be extended five calendar days, upon service by mail, if the place of address and the place of mailing is within the State of California, 10 calendar days if either the place of mailing or the place of address is outside the State of California but within the United States, and 20 calendar days if either the place of mailing or the place of address is outside the United States...