Comp Claimants With Attorneys Can Choose New Medical Panels
Workers' Compensation claimants who choose a Qualified Medical Evaluator they later decide they don't like now have one opportunity to pick another QME: Hire a lawyer - quickly!
In June, a Workers' Comp Appeals Board ruled that an unrepresented worker who retains counsel can pick another QME if the medical evaluation hasn't already begun. The WCAB ruled that an injured employee who hired legal representation could request a new panel that included chiropractors because she hadn't yet seen the orthopedist assigned to evaluate her.
The flip side of the ruling is that not even an attorney can fix the problem if the claimant "attends and participates in the medical evaluator's examination."
The safest course of action for an injured worker, of course, is to hire a qualified Workers' Compensation specialist from the moment they begin the Workers' Compensation process.
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LEGAL DISCLAIMER: This web site is for informational purposes only.
If you are seeking legal advice or representation, please contact us at 213 739-7000. Pursuant to Labor Code Section 5432(a), 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.
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