Legal Question in Workers Comp in California
Can I get a second opinion on a case even if the case has been initiated by a law firm?
1 Answer from Attorneys
There are technically no 'second opinions' in Calif. state workers compensation. You get -- whether you are represented by counsel or unrepresented -- a finding of a Primary Treating Physician. If you don't agree with the Primary Treating Physician's determination, you can request a Qualified Medical Evaluation -- the QME. The QME can be considered a 'second opinion' but it's actually a comprehensive medical-legal evaluation to review and possibly challenge the findings of the treating doctor. It is NOT used to secure an order from a judge about whether or not you need medications or a surgery (typical use of getting a second opinion). You generally just get the one QME, so you have to select that evaluating medical specialty and that physician from the list extremely carefully. A QME opinion that you have fully recovered and may return to full duty with no restrictions will result in the Adjuster ending all benefits...something a typical 'second opinion' would never produce.