I had qme appointment in December 2018 , upon arrival qme doctor stated that he didnt have any of my medical reports....he told me that I was permanent stationary and his report will be temporary till he received my medical reports there will be a chance that he would write new one....insurance company of course send me a letter where per qme doctor I'm 4% AMA...I had surgery on my left shoulder rotator cuff, labrum and biceps on Nov 27 2017 and the worst thing I'm left handed how can I fight impairment rate... thanks
1. Many Qualified Medical Examiners have cut-off dates regarding receipt of records and don't review records sent after the deadline as part of the initial report. A supplemental report usually issues once the QME has reviewed the records. Also, the defendant might not have sent the records on time under the regulations that provide the other side should receive advance notice on what records and information will be sent, with the other side having time to object. Overall, I see nothing sinister or unusual with your situation;
2. You are using workers' compensation shorthand such as DA for the defense attorney. Do you have a lawyer? If so, why not? The other side thinks your claims is important enough that they hired a law firm whose primary task is to minimize the defendant's liability.;
3. If you think the 4% impairment rating is too low, set an appointment with a workers' compensation lawyer in San Diego County and explore your options. If the treating doctor finds a higher percentage, perhaps a lawyer will be willing to push your claim to trial?
4. It might just be that the 4% rating is accurate; many injured workers are unhappy with the low Whole Person Impairment findings under the AMA Guides but unhappiness does not justify a higher disability rating. If you obtain a good lawyer, the lawyer might argue successfully for a higher settlement based on the value of future medical care. Most injured workers who represent themselves self themselves short on this vital aspect of evaluating settlements.
This is unusual. It's not uncommon for a doctor to have not received the medical file by the time of the exam but usually they defer their opinion until they get the records. Since he gave an opinion on PD, it may be hard to get him to change it. I recommend using the "Find a Lawyer" tab at the top of this page to find a top rated WC lawyer near you and go in for an appointment. We all give FREE consultations
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