eNews - August 2007
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Workers' Compensation Claimants with
Attorneys Can Choose New Medical QME Panel
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Workers' Compensation claimants who are unrepresented by an attorney, and who chose a Qualified Medical Evaluator they later decide they do not wish to see, now have one opportunity to pick another QME: Hire a lawyer - quickly!
In June, a Workers' Compensation Appeals Board (WCAB) decision determined that an unrepresented worker who retains counsel can pick another QME if the medical evaluation has not already occurred. The WCAB ruled that an injured employee who hired legal representation could request a new panel that included chiropractors because she had not yet seen the orthopedist assigned to evaluate her.
The flip side of the ruling is that not even an attorney can request a new QME panel if the claimant "attends and participates in the medical evaluator's examination." However, if you have attended a panel QME evaluation, there may be ways to challenge that doctor's conclusions and you should seek legal advice if you have an issue or issues with the panel QME's reporting in your case.
The safest course of action for an injured worker, of course, is to hire a qualified Workers' Compensation attorney the moment they begin the Workers' Compensation process to be sure to have all options available under the ever changing workers' compensation laws.
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