When can you request a QME panel?
Per Labor Code § 4062.2(b), when an employee is represented by an attorney seeking an evaluation under § 4060, a QME panel may be requested “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 ….” The mailbox rule …
What does a Qme look for?
They will examine you and all your medical records to determine the extent of your work-related injury. They will decide if you have any permanent disability and what future medical care you may need. It is important that the doctor has all your medical records.
What is the QME process?
Qualified medical evaluator process. Qualified medical evaluators (QMEs) are qualified physicians who are certified by the Division of Workers’ Compensation – Medical Unit to examine injured workers to evaluate disability and write medical-legal reports.
What is the difference between Qme and IME?
The only difference is in the process followed to select the physician. An AME physician is usually a QME, but does not have to be one. In California, an Independent Medical Evaluation (IME) is an exam by a physician involving an injury that is not work-related.
What if I disagree with my QME report?
If an insurer disagrees with the assessment of the QME, they can still raise a defense. However, it is important to emphasize that a QME’s report will carry significant weight should the workers’ compensation claim go before a judge.
How long does a Qme last?
Once a QMEs initial term expires, he/she will be reappointed every two years.
What is a panel QME?
A panel QME is a randomly generated list of three QME physicians issued to you when there is a question about whether or not your injury is work related, or if there is a medical dispute that hasn’t been resolved by the treating physician’s report.
How do I challenge a QME report?
To request a QME, the injured worker will need to fill out a Panel QME request form which includes:
- date of injury.
- claim number.
- requesting party.
- medical specialty requested.
- reason for request.
- employee contact information.
- insurance company contact information.
Can you see your own doctor on workers comp in California?
In California, you may choose your personal physician or a qualified medical group as your treating doctor for workers’ compensation, but only if: you have already given your employer written notice (known as “predesignation”) that you want your personal physician to treat you for any future work injuries.
What happens after QME report California?
What Happens After the QME Writes a Report? The QME report is then used to determine a permanent disability rating. If the rating determines that you have ratable permanent disability, then you should receive permanent disability award and permanent disability benefits.
When did The QME panel strike start in California?
I. Assignment of QME Panels per Labor Code § 4062.2 (c) Qualified Medical Evaluator (QME) Panels in both internal medicine and orthopedics were issued by the medical unit on 1/3/2013. Defense struck a QME on both panels on 1/11/2013, well within the Labor Code § 4062.2 (c) 10-day time limit for striking a QME.
What was the Labor Code before the QME strike?
The judge noted that Labor Code § 4062.2 had recently been amended by SB 863. The Judge held in favor of applicant and found that the old pre-2013 version of Labor Code § 4062.2 applied and that applicant’s strike from the QME panel was therefore timely.
How to request a qme panel in a case?
Parties in a represented case are required to submit initial QME panel requests using the online QME system; by doing so, an online panel will issue immediately. The requesting party is then responsible for serving the panel request form, any required documentation and the QME panel on all parties with a proof of service.
When does opposing counsel fail to strike a qme?
Then, as is permitted by Labor Code § 4062.2 (c) [ LC 4062.2 ], when opposing counsel fails to strike a QME within 10 days of assignment, defense selected his preferred QME from each list on 1/14/2013.
