Legal Question in Workers Comp in California
I was given authorization to see a specialist's consultation in October 2009 (authorization came by a QME). When I saw this doctor, he spent less than 30 min with me. This doctor did not perform the physical exam (his pa did). The appointment ended with a diagnosis of patella baja and that exercise would correct it. My treating surgeon disagrees vehemently with the treatment plan but state fund agrees. Trying to get authorization for a QME to decide between the different opinions but state fund is being obstinate. Since this particular doctor was paid by state fund and this doctor didn't perform the physical exam, is it considered fraud? Have not been able to work in 2 years. Thank you for your time.
1 Answer from Attorneys
You have a right to an independent evaluation by a QME. I encourage you to retain an attorney to help you choose a right QME since many QMEs are biased toward insurance company. Feel free to call us at 213.388.7070 for a free consultation.