What the panel ordered
WCJ's decision affirmed; AD Rule 30(d)(3) invalidated; defendant entitled to request QME panel after denial of injury claim; case remanded for further proceedings.
Petition for removal granted; case assigned to Appeals Board en banc for decision on validity of AD Rule 30(d)(3) and related issues.
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.
Sections 4062 and 4062.2 do not establish timelines for initiating or completing the process for obtaining a medical-legal report on compensability when injury has been denied.
From the decision · page 144 C. Section 4062.2 Does Not Establish Timelines for Initiating or Completing the Process for 5 Obtaining a Medical-Legal Report on Compensability
Rule 30(d)(3) is invalid because it conflicts with Labor Code sections 4060(c) and 4062.2 and exceeds the scope of section 5402(b).