California: Expedited Hearings; Dispute in Denied Injury Case Over Selection of Panel QME

The Corado panel decision involves an important procedural matter. Normally, expedited hearings can only be set when liability for an injury is accepted. The exception is when a DOR for an expedited hearing is filed in a dispute over the selection of a panel QME or treating physician under Labor Code section 5502(b)(3). The Appeals Board in Corado makes it clear that Rule 10782 and the Policy and Procedure Manual are inconsistent with the statute. So if a dispute arises in a denied injury case over the selection of a panel QME under Labor Code section 4060, the judge has to make a record and the matter can proceed to the expedited hearing on that issue. Read the decision (see PDF below).

Reminder: Panel decisions are not binding precedent.