Legal Question in Workers Comp in California
I was injured and won my first qme, my employers insurance company has 2nd qme scheduled. Is his findings binding? Workmanship comp dr has a 25 0/0. Permanent injury and I received offer for that. Can it change with the 2nd qme findings?
2 Answers from Attorneys
Why changing QME that found in your favor? A second bite to this may be completely a different opinion and be shocking to you. So you should question adjuster as to why or retain an attorney to help you. Feel free to call me at 213-388-7070 for a free consultation.
There should just be the one QME. You can get a second QME in a different specialty, but you should not have competing QME opinions.
There should be one Treating Physician's Maximum Medical Improvement opinion, then just one QME Opinion.
WHY don't you have a Treating MPN Physician's report showing Maximum Medical Improvement with your highest Permanent Disability finding? Maybe you can still get to an MPN Treating Physician that would write about Whole Person Impairment (WPI) beyond that found by any QME.
The opinions of a QME are never 'binding' until a Workers Compensation Judge makes a ruling after a full trial that a particular QME is the Best Evidence of your actual disability.
Until there is a Findings & Award by a WCAB Judge, nothing is binding.
You can request any sum you want to request for a settlement. If request a sum way beyond that which a judge would award, it will not be considered.
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