Thank you always for your help. 1. Can DEF (defense counsel) and unrepresented applicant request a QME panel to Medical Unit with their agreement, not with a written objection? 2. Does Labor Code allow parties (DEF and unrepresented applicant) to make agreement to disregard existing QME report and look for a new QME? If so, is this agreement legally valid? I mean that either party is not able to use existing QME report later at trial? 3. When Judge orders a QME panel, who should request it to Medical Unit? I&A, Judge by himself, applicant, or DEF? 4. At the DOR hearing, is Judge’s order considered as a court order? 5. Is there time limit for Judge to write a minute of DOR hearing?
1. They can request it, but I suspect the Medical Unit would not issue a panel in that circumstance as the Labor Code was not complied with. 2. I'm not aware of any Labor Code section that allows that. 3. If the Judge orders the Medical Unit to issue a panel, then someone just needs to send that Order to the Medical Unit. It doesn't matter who mails it. 4. A Judge's Order is a Court Order. 5. I'm not aware of one. The Minutes of Hearing are usually completed the same day as the MSC.
Thank you so much for your precious response. I have one more question. Can parties request replacement QME panel to Medical Unit with the previously utilized QME panel? @@myworkerscompguide
Can the Medical Unit issue a replacement QME Panel even though the previously issued panel was already utilized? If not, is there any regulation about it?
The Medical Unit does issue replacement QME panels. The required form is this one - www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm31_5.pdf and probably the most common reason is that the QME has reported in the case but is no longer licensed as a QME. The pertinent regulations are listed on the form.
Even though I do not want to go QME now, judge persuaded me at MSC hearing and he is going to order a panel of QME. I have the following questions. 1. Does it also take a couple of weeks to issue a panel list of QME by medical unit? 2. Per LC sections 4062.1(c), there is no restriction how close the appointment date should be from the date of the issuance of a panel of QME. Is there generally rule that I have to go QME within certain months from the date of the issuance of a panel of QME? Otherwise, judge and/or DEF can force me to make an appointment early? 3. Once I make an appointment, do I have a right to request reschedule with or without reason?
1. The Medical Unit should issue the panel within a few weeks generally. 2. Once a panel is issued, the injured worker has ten days to set the appointment. If he or she doesn't, then the insurance company can. It can't be too far out into the future per the regulations (not LC4062.1). So if the earliest exam date is like five months away, a replacement can be obtained. The key to your question is likely to be that most QME's don't schedule far out on purpose. They offer their next available date, and it's usually 1-3 months away. They don't have dates available six or more months out. 3. An exam can be reset, generally without good cause. However, the defense can seek an order compelling attendance at the new exam date if it seems the exam was pushed back just to stall matters.
Thank you so much for your response. I just found out DEF requested a panel of QME online with my previous attorney information. Currently I am not represented. Per DEF, Judge requested DEF to prepare the Proposed Order for Replacement Panels. Do I have a right to request Medical Unit to void this panel since DEF used my previous attorney information for an unrepresented worker? @@myworkerscompguide
@@Kim-kq8wn That may be a dispute that would have to go to a judge. It also could be that the remedy would be to just issue a new panel to ensure you had time to strike. You may want to talk to your I&A Officer at your local WCAB.
Thank you again for your help. 1. I am having an in-person hearing instead of a phone hearing. Do I have a right to record at the hearing? Also, can I record at QME meeting? 2. Can I request WCAB to move my case to a different WCAB district with good cause? @@myworkerscompguide
@@Kim-kq8wn There are not many in person hearings these days, other than Expedited Hearings and Trials. As to whether you can record the proceedings, ask the judge. If it goes on the record, such as a trial, then there will be a court reporter to record what is said. I do believe you can record a QME exam, but again ask the QME when you get there. As to changing venue, that can be done for good cause. However, that usually consists of the injured worker moving to another area, or the case being filed in the wrong venue in the first place.
@@myworkerscompguide would I have learned so far is worker compensation is such a slow and stressful process it's hard to even speak to my on attorney about things as lil as this sometimes these videos do why more explaining then my attorney has ever done ...
@@badgalsheilabb2548 It is a real challenge for most applicant attorneys as the settlements tend to be small, and the attorney fee is generally 15% or so, which means most applicant attorneys have a lot of files just to try to make ends meet. Having a lot of files means a lot of clients and that makes it tough to provide quick and detailed responses.
The system is slow. If you are waiting to see a QME, and the adjuster has not requested one, then you can if you disagree with the PTP report. When an unrepresented injured worker requests a QME panel, the state issues it within a couple of weeks usually.
@@myworkerscompguide Well im going to wait thy are paying me permanent disability advances maybe after it ends. They’ll send me to see one. Thank you for your answer and all the good information you help with. Blessings ❣️
Good to know. Because I got attacked by a patient at my work and injured my knee and I have fallen quite a few times since injury last year, and I recently fell again and have been having a lot of pain in other foot on my other leg. But I’ve never fallen before my life until my knee injury.
If your PTP finds that you are P&S, and have permanent work restrictions, then someone will need to write a P&S report addressing WPI, apportionment, etc. If the PTP won't do that, then you'll likely need to see a QME.
@@Analysemarie It sounds like you are describing a compensable consequence. If you injure (for example) your right knee at work, and due to limping your left knee starts to hurt, then you are entitled to treatment for your left knee also as it is a compensable consequence of your right knee injury.
@@myworkerscompguide oh thank you! If you don’t mind me asking what is a WPI? In order to get a settlement (if offered) do I need to see a QME in order for that to happen?
@@Analysemarie WPI is whole person impairment. That's what the PTP/QME finds when using the AMA Guides, and the WPI gets adjusted for age and occupation to turn into a PD rating. An injured worker is not required to see a QME to settle, but if the PTP doesn't issue a full report on WPI and apportionment it can be tougher to get a judge to approve a settlement.
Thank you always for your help.
1. Can DEF (defense counsel) and unrepresented applicant request a QME panel to Medical Unit with their agreement, not with a written objection?
2. Does Labor Code allow parties (DEF and unrepresented applicant) to make agreement to disregard existing QME report and look for a new QME? If so, is this agreement legally valid? I mean that either party is not able to use existing QME report later at trial?
3. When Judge orders a QME panel, who should request it to Medical Unit? I&A, Judge by himself, applicant, or DEF?
4. At the DOR hearing, is Judge’s order considered as a court order?
5. Is there time limit for Judge to write a minute of DOR hearing?
1. They can request it, but I suspect the Medical Unit would not issue a panel in that circumstance as the Labor Code was not complied with. 2. I'm not aware of any Labor Code section that allows that. 3. If the Judge orders the Medical Unit to issue a panel, then someone just needs to send that Order to the Medical Unit. It doesn't matter who mails it. 4. A Judge's Order is a Court Order. 5. I'm not aware of one. The Minutes of Hearing are usually completed the same day as the MSC.
Thank you so much for your precious response.
I have one more question. Can parties request replacement QME panel to Medical Unit with the previously utilized QME panel?
@@myworkerscompguide
Can the Medical Unit issue a replacement QME Panel even though the previously issued panel was already utilized? If not, is there any regulation about it?
The Medical Unit does issue replacement QME panels. The required form is this one - www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm31_5.pdf and probably the most common reason is that the QME has reported in the case but is no longer licensed as a QME. The pertinent regulations are listed on the form.
Thank you so much for your prompt response and have a good day!
@@Kim-kq8wn Happy to help inform.
Even though I do not want to go QME now, judge persuaded me at MSC hearing and he is going to order a panel of QME. I have the following questions.
1. Does it also take a couple of weeks to issue a panel list of QME by medical unit?
2. Per LC sections 4062.1(c), there is no restriction how close the appointment date should be from the date of the issuance of a panel of QME. Is there generally rule that I have to go QME within certain months from the date of the issuance of a panel of QME? Otherwise, judge and/or DEF can force me to make an appointment early?
3. Once I make an appointment, do I have a right to request reschedule with or without reason?
1. The Medical Unit should issue the panel within a few weeks generally.
2. Once a panel is issued, the injured worker has ten days to set the appointment. If he or she doesn't, then the insurance company can. It can't be too far out into the future per the regulations (not LC4062.1). So if the earliest exam date is like five months away, a replacement can be obtained. The key to your question is likely to be that most QME's don't schedule far out on purpose. They offer their next available date, and it's usually 1-3 months away. They don't have dates available six or more months out.
3. An exam can be reset, generally without good cause. However, the defense can seek an order compelling attendance at the new exam date if it seems the exam was pushed back just to stall matters.
Thank you so much for your response.
I just found out DEF requested a panel of QME online with my previous attorney information. Currently I am not represented. Per DEF, Judge requested DEF to prepare the Proposed Order for Replacement Panels. Do I have a right to request Medical Unit to void this panel since DEF used my previous attorney information for an unrepresented worker?
@@myworkerscompguide
@@Kim-kq8wn That may be a dispute that would have to go to a judge. It also could be that the remedy would be to just issue a new panel to ensure you had time to strike. You may want to talk to your I&A Officer at your local WCAB.
Thank you again for your help.
1. I am having an in-person hearing instead of a phone hearing. Do I have a right to record at the hearing? Also, can I record at QME meeting?
2. Can I request WCAB to move my case to a different WCAB district with good cause?
@@myworkerscompguide
@@Kim-kq8wn There are not many in person hearings these days, other than Expedited Hearings and Trials. As to whether you can record the proceedings, ask the judge. If it goes on the record, such as a trial, then there will be a court reporter to record what is said. I do believe you can record a QME exam, but again ask the QME when you get there. As to changing venue, that can be done for good cause. However, that usually consists of the injured worker moving to another area, or the case being filed in the wrong venue in the first place.
What's the purpose of a QME?
This video should answer your question ruclips.net/video/MCRF-avkWW8/видео.html
So I'm guessing my attorney requested a qme because some body parts was not accepted
Probably a safe assumption. But you would have to ask him or her, as your attorney knows your case best.
@@myworkerscompguide would I have learned so far is worker compensation is such a slow and stressful process it's hard to even speak to my on attorney about things as lil as this sometimes these videos do why more explaining then my attorney has ever done ...
@@badgalsheilabb2548 It is a real challenge for most applicant attorneys as the settlements tend to be small, and the attorney fee is generally 15% or so, which means most applicant attorneys have a lot of files just to try to make ends meet. Having a lot of files means a lot of clients and that makes it tough to provide quick and detailed responses.
Dr. Placed me P&S since 7/23 thy took me off work Aug,,still waiting on when im going to see a QME. Should it really take this long?
The system is slow. If you are waiting to see a QME, and the adjuster has not requested one, then you can if you disagree with the PTP report. When an unrepresented injured worker requests a QME panel, the state issues it within a couple of weeks usually.
@@myworkerscompguide
Well im going to wait thy are paying me permanent disability advances maybe after it ends. They’ll send me to see one. Thank you for your answer and all the good information you help with. Blessings ❣️
@@esperanzaserrano2883 Best of luck to you.
Thank you for all the great videos!! If your primary decides that you need to be put on permanent disability, do you still need to see a QME?
Good to know. Because I got attacked by a patient at my work and injured my knee and I have fallen quite a few times since injury last year, and I recently fell again and have been having a lot of pain in other foot on my other leg. But I’ve never fallen before my life until my knee injury.
If your PTP finds that you are P&S, and have permanent work restrictions, then someone will need to write a P&S report addressing WPI, apportionment, etc. If the PTP won't do that, then you'll likely need to see a QME.
@@Analysemarie It sounds like you are describing a compensable consequence. If you injure (for example) your right knee at work, and due to limping your left knee starts to hurt, then you are entitled to treatment for your left knee also as it is a compensable consequence of your right knee injury.
@@myworkerscompguide oh thank you! If you don’t mind me asking what is a WPI? In order to get a settlement (if offered) do I need to see a QME in order for that to happen?
@@Analysemarie WPI is whole person impairment. That's what the PTP/QME finds when using the AMA Guides, and the WPI gets adjusted for age and occupation to turn into a PD rating. An injured worker is not required to see a QME to settle, but if the PTP doesn't issue a full report on WPI and apportionment it can be tougher to get a judge to approve a settlement.