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?


Asked on 9/25/06, 1:40 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

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.

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Answered on 9/26/06, 11:20 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

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.

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Answered on 9/27/06, 3:05 am


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