Panel QME Report Deadlines

Posted about 3 years ago. Applies to California, 0 helpful votes

Email

THIS GUIDE IS NOT INTENDED TO BE USED AS LEGAL ADVICE AND SHOULD NOT BE USED IN PLACE OF AN EXPERIENCED ATTORNEY. ALSO, LAWS FREQUENTLY CHANGE. THIS GUIDE WAS WRITTEN IN MAY OF 2011 AND CANNOT POSSIBLY CONTEMPLATE FUTURE CHANGES IN THE LAW. IF YOU FIND YOURSELF USING THIS GUIDE, THEN PLEASE CONTACT AN ATTORNEY FOR LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED WITH MR. OVERHOLT OR HIS FIRM THROUGH THE VIEWING OR USE OF THIS GUIDE.

Believe it or not, your Panel QME has certain deadlines that they have to follow in order for their report to be considered valid. Their failure to timely issue report could be your opportunity to get yourself a new PQME. It is important that you calendar that date that you see the PQME and begin to count after that date. Here are the relevant rules:

If a qualified medical evaluator selected from a panel fails to complete the formal medical evaluation within 30 days, then a new evaluator may be obtained upon the request of either party. See LC 4062.5, LC 139.2(j)(1) and 8 Cal Code Regs. 38.

But the report must be sent to the employee and claims adjuster within 25 days of the initial 30 day period. 8 Cal Code Regs. 38 (Adm. Dir Rules).

If an extension is needed, then the QME may request an extension, no longer than 30 days, from the Medical Director on Form 112. See LC 139.2(j)(1) 8 Cal Code Regs 38 (Adm Dir Rules). But no longer than 15 days, if the reason is for “good cause". See LC 139.2(j)(1)(A)(ii) and LC 139.2(j)(1)(B)

Failure to object to time frame violations before receiving the QME report is most likely a waiver. See Fajardo v. WCAB (2007) 72 CCC 1158

Additional Resources

http://www.hrollp.com http://www.dir.ca.gov/DWC/ Also see California Applicants' Attorney Association For Information for Injured Workers' from the California Information and Assistance Unit, you can call 1-800-736-7401.

Rate this guide

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,789 answers this week

3,000 attorneys answering