ORIS CHAVARRIA vs. CREWS OF CALIFORNIA, INC., REDWOOD FIRE AND CASUALTY INSURANCE COMPANY c/o BERKSHIRE HATHAWAY HOMESTATE COMPANIES

The Workers' Compensation Appeals Board (WCAB) granted removal and rescinded an administrative law judge's (ALJ) order that invalidated a Qualified Medical Evaluator (QME) panel. The WCAB found that the applicant, though represented, had a legal basis to request a QME panel when the employer delayed accepting the claim, as this created a dispute regarding compensability. Removal was granted because the ALJ's decision would cause substantial prejudice by depriving the applicant of essential medical evidence regarding causation. The WCAB clarified that a claim dispute, even before formal denial, allows a represented applicant to request a QME panel under Labor Code section 4062.2.