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.