Legal Question in Workers Comp in California
To QME or not to QME?
I was injured on the job last December and filed a claim for a lower back injury, an MRI, X-Rays and nerve testing revealed significant damage to my lower back, although I was experiencing pain and numbness in my right arm and hand this issue was not fully addressed in the original filing, subsequent test reveal damage to my cervical spine, as well as, to my lower back. Workman�s comp claims that because we didn�t mention the pain and numbness in my right arm, they are not obligated to address the injury to my cervical spine; they instead want me to subject myself to a binding QME evaluation. I have had a second and third opinion, all agreeing that my injuries are consistent with what one would expect with the type of injury I sustained at work, furthermore, my primary physician states I have not reached MMI and that agreeing to a QME evaluation is premature. I am without legal representation and am not sure what to do?
3 Answers from Attorneys
Re: To QME or not to QME?
Yo have a 2005 date of injury. You will go to a Panel QME anyway. If you remain unrepresented you will be able to pick from three doctors; if represented your attorney will only get 1 Dr to strikc from the 3 Dr. panel. Create the dispute now by writing the IC & telling them you dispute the findsings o fhte treating Dr. Then as soon as you get the 3 Dr. Panel list go see a competent WC Certified Specialist Attorney for help in selecting the best Dr on the Panel list, hire that lawyer and you most likely will be able to get a Judge to order more treatment based on the panel QME report. A lawyer is important because the QME may miss smething and a lawyer can take his eposition to correct the oversight or sometimes change the Dr. opinion. We would be delighted to assist if we are in your area.
The QME eval cannot hurt you if you do it properly and aggressively.
Re: To QME or not to QME?
You also may amend your claim and application and dispute the findings of the treating physician because some of your injuries or body parts were not addressed in the original filings. This problem happens very often specially when you are unrepresented. Please contact my office at 213.388.7070 for free consultation.
Re: To QME or not to QME?
I cannot add to the other two responses, but should my office be more local to you, please feel free to contact us for a free consultation at 818.385.0520.
Good luck.
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