Trigueros

BACKGROUND

In April 2020, petitioner Rogelio Trigueros filed a claim for workers’ compensation benefits claiming injury to his upper extremities, shoulders, arms, hand and fingers through February 19, 2020, while employed as a farm laborer for respondent Gonzalez Ag., Inc. (employer). On May 4, 2020, employer’s insurance carrier mailed a Notice Regarding Delay of Workers’ Compensation Benefits from Kansas City, Missouri, to petitioner in California. Sixteen days later, petitioner requested and obtained a panel of three chiropractic Qualified Medical Evaluators (QME panel) eligible to evaluate petitioner’s workers’ compensation claim pursuant to Labor Code sections 4060, subdivision (c) and 4062.2, subdivision (b).1 Employer challenged the timing of petitioner’s request for a QME panel and the matter proceeded to trial, resulting in the workers’ compensation administrative law judge (WCJ) concluding the panel was valid. Employer petitioned the WCAB for removal of the WCJ, which the WCAB subsequently deemed a petition for reconsideration. Employer argued it suffered significant prejudice because the WCJ’s ruling deprived it of its opportunity to request the medical specialty by…