Legal Question in Workers Comp in California

Can I get a new QME evaluation if I get an attorney?

I have already been evaluated by a qualified medical examiner, but I disagree with his opinion as to the extent of my permanent disability. I am not presently represented by an attorney. Will I be entitled to obtain another qualified or agreed medical evaluation if I get a lawyer at this point?


Asked on 1/05/98, 5:28 am

1 Answer from Attorneys
Bahman Eslamboly Eslamboly & Barlavi

It depends on the date of injury

This depends on the date of your injury. According to current case law, if you were injured prior to January 1, 1994, you will be entitled to obtain another evaluation once you obtain an attorney. However, if you were injured on or after January 1, 1994, neither you nor the insurance company will be entitled to get another medical exam even if you obtain an attorney. In this case, all of the parties are bound by the qualified medical examiner's report.

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Answered on 1/05/98, 5:28 am


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