Panel QME Report Deadlines
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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