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How do I withdraw my stipulations from a WCAB status conference? I agreed to a stipulation to have a QME evaluation.

Roseville, CA |

I agreed to a stipulation to attend a QME at a status conference. I am still under medical treatment, and want to withdraw the stipulation until I have been declared P&S. What would constitute "good cause"?

Attorney Answers 3

Posted

You need to discuss this with a workers compensation attorney. I will add that to your tags.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.

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Posted

Generally, you do not withdraw from a Stipulation. The matter was taken off-calendar so that you could attend the QME appointment, so you are now complicating your case. The Insurance Company could ultimately seek an Order for you to see a QME after a few months, but it is not wise to make them force you into an evaluation. Legal counsel is your best path right now.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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Brett A. Borah

Brett A. Borah

Posted

I agree.

Posted

Why would you want to withdraw from the Stipulation? First, it's probably not possible. Second, you probably want a QME evaluation eventually so why not get the process started.

The QME becomes the God of your case. Don't take picking your God lightly. You need to make sure you are in the right medical specialty. You need to make sure you pick the right doctor off of the list of three. Since you probably won't know any of the doctors on the list, you won't have read any reports from any of them; you won't have take the deposition of any of them; you won't know if they are more insurance advocates or injured worker friendly, how are you going to pick? Hint: retain a lawyer.

You need to consult with a good W.C. lawyer before you do anything else in this case that could harm you in the future. There are some great W.C. lawyers in the Sacramento area. Find a good one here at www.avvo.com or at www.caaa.org. CAAA is the association for attorneys here in CA who represent injured workers. Or you can call me for a referral.

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