Legal Question in Workers Comp in California
Can Ca. Workers Compensation QME panel be requested/issued/valid when executed during judges order for suspension of proceedings
Judge ordered a 2nd QME medical specialty in an deputed PD case that did not exist. Unrepresented party was then issued a valid QME panel in a similar specialty from the medical unit, selected dr, & made appointment.
Applicant was not allowed to attend that QME appointment by judges order, & the judge suspended proceedings until applicant had completed a deposition.
Applicant later was represented by a disreputable attorney who requested another QME specialty panel w/o the clients knowledge or approval before this representation relationship was dissolved.
Both the former applicant attorney & defense struck a name from this new list. The applicant deposition was recently completed. Now the defense has set an appointment with dr. from the new list in question. Is this panel requested & developed during a judges suspension of proceeding valid?
1 Answer from Attorneys
An Order Suspending Proceedings only blocks the Applicant's ability to file for a hearing at the WCAB.
An Order Suspending Proceedings does NOT suspend the entire Labor Code.
The applicant was being reprimanded for failing to attend a scheduled deposition.
You write a Judge 'ordered' a QME in a "...case that did not exist'. This is impossible. Any WCAB Judge order contains a WCAB Case Number on top. In fact, the only way the case comes to a WCAB Judge is that it does 'exist' in the WCAB files.
If the Unrepresented Worker chooses to request yet another new QME Panel because he/she is no longer represented,
(1) write a letter to the adjuster and QME physician cancelling the appointment indicating the applicant is no longer represented, send that with a Proof of Service: indicating both the doc and the adjuster were mailed this notice; http://www.dir.ca.gov/dwc/FORMS/ProofOfService.pdf
(2) Mail a request for a Replacement Panel to the medical unit, attach the letter you sent to the adjuster showing you're unrepresented now: http://www.dir.ca.gov/dwc/FORMS/QMEForms/QMEForm31_5.pdf
(3) 7 months from now, When the Medical Unit refuses, file a Declaration of Readiness for a Status Conference with the efforts to resolve being : "Requested informal conference re Replacement QME Panel, defense refused: " http://www.dir.ca.gov/dwc/FORMS/EAMS Forms/ADJ/DWCCAForm10250_1.pdf
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