California Code of Regs 38 states:
§ 38. Medical Evaluation Time Frames; Extensions for QMEs and AMEs
(a) The time frame for an initial or a follow-up comprehensive medical-legal evaluation report to be prepared and submitted shall not exceed thirty (30) days after the QME, Agreed Panel QME or AME has seen the employee or otherwise commenced the comprehensive medical-legal evaluation procedure.
If this time has been exceeded, you can request a new panel. If you have an attorney, contact them. If you are unrepresented you would need to send an objection to the opposing side and complete this form: http://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm31_5.pdf
Disclaimers: Making a false or fraudulent workers compensation claim is a felony subject to up to 5 years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. Each case is pursued differently based on its own merits. As such, there is no guarantee as to the outcome of any case. No attorney/client relationship will be established by contact with this AVVO answer or any messages or emails from Silberman and Lam, LLP. Attorney/client relationship will begin only when a retainer has been signed.
Ms. Lam is correct. Make sure to send the objection before the report is issued. If you wait to see the late report and then object you will be stuck with the report.
I agree with my colleagues that you may be able to disqualify the PQME. But...is that what you want to do? If it is a QME who is likely to be unfavorable, then YES. If it is a PQME who is likely to be favorable to you, then NO. How do you know which he is? Read 100 of his reports. In the alternative, get a FREE consult with a good WC attorney who has read 100 of his reports. In the San Diego area, I always recommend Olga Mandel in La Mesa. 619.644.2907. Tell her I sent you and she'll give you a free consult.