Legal Question in Workers Comp in California
Insurance comany requesting a second QME examination
I am representing myself in my workers comp case. The insurance company requested a QME. The QME ruled I do, in fact, have a compesatable back injury. The insurance company has since hired a lawyer to represent them regarding my case. The lawyer is now requesting that I attend a second QME examination. I am satisfied with the first QME report. Can the lawyers for the insurance company legally request a second QME examination?
2 Answers from Attorneys
Re: Insurance comany requesting a second QME examination
The defense can do anything they wish providing that you remain unrepresented.
I am not sure why the deft. is sending you to a second QME. It may be that they have discovered more medical records and they want the QME to review them for a supplemental report. Or, they may have properly objected to the opinions of the last QME, just so they can send you to a subsequent QME for the purposes of tanking your case. After all, why should they find an injury?
The reality is, quite often the 15% you think you will save in attorney's fees are often dwarfed by a smaller settlement that you may had otherwise received if you were properly represented by an attorney. Question: Do you really believe that you can circumvent the schooling and experience of an applicant�s attorney to save money, while you�re up against experienced and schooled defense attorneys?
Feel free to contact my office if you would like a free consultation at 818.385.0520. Otherwise, good luck.
Re: Insurance comany requesting a second QME examination
Defense can send you to new QME for different reasons and until discovery period is not cut off they may proceed with a new QME. You can choose an applicant's QME., but you have to select a QME that is neutral and unbiased. Call me at 213.388.7070 for a free consultation.