Legal Question in Workers Comp in California

QME Report Received - Not Sure What Happens Next -- Need Help

Hi. I received my QME report on September 2, 2008 for a psyche claim for racial discrimination and harrassment and it was very favorable, Causation is entirely industrial in nature. Employer's insurance company wrote me requesting to send a non-medical report of the results of their internal HR investigation which, of course, is biased toward the employer, to the QME and ask him to submit a supplemental report based on their internal investigation. What would you recommend I do? Second, I've been off work on TTD since May 23, 2008. I was expecting since the QME ruled in my favor on August 22, 2008 that I would have a received a check from the insurance company by now. Nothing yet. The claims adjuster all of a sudden is not returning my calls. What do you recommend I do about this?


Asked on 9/17/08, 2:56 pm

2 Answers from Attorneys
David Lupoff Law Offices of David B. Lupoff

Re: QME Report Received - Not Sure What Happens Next -- Need Help

Since you asked what to do, my recommendation would be to obtain counsel. I'm in the Los Angeles are. If you are local, call my office at 818.385.0520 for a free consultation. If you are not local, I recommend that you find a local attorney to assist you. Very few people are able to circumvent the experience of the insurance company.

Good luck.

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Answered on 9/23/08, 11:57 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: QME Report Received - Not Sure What Happens Next -- Need Help

I recommend that you obtain representation. You need to put together a demand letter based on the QME Report and give insurance company a very short time to respond. Otherwise you have to file a DOR to go to board for a Mandatory Settlement Conference. Feel free to call us at 213.388.7070.

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Answered on 9/24/08, 12:36 pm


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