Legal Question in Workers Comp in California
When does the ten day panel selection begin? I didn’t recieve the panel until 3 days after the date the panel was issued. Can i still set an appointment on the eleventh day?
1 Answer from Attorneys
Yes, the Labor Code implies a document has 5 days for mailing. THAT SAID, research each physician THOROUGHLY. If the physician you want the most won't give you an appointment in 60 days, do NOT chose another because of the schedule. PUT IN WRITING that the physician you selected failed to have an opening in 60 days so you need a new QME panel. IF THE Physician you like the best does have an opening in 60 days, accept it and fax and email your appointment date to the adjuster, save the fax transmission report. You may need to show a WCAB judge (or attorney) that you made the selection and made the appointment (or requested the new QME Panel) on day 11 in a later proceeding.