Legal Question in Workers Comp in California
please help on my work comp case: i have done my QME eval three weeks ago and havenot heard anything about the result yet, but today my treating physician wants me to be on full duty to see if i am able to function till i see him net month. does this affect my qme evaluation that was done three weeks ago
2 Answers from Attorneys
The controlling report is the QME report which determines level of impairment and future medical treatment that you may need. There should be a discussion about whether you have reached MMI(Maximum Medical Improvement) or P & S (permanent & stationary). If you have issues with your QME report, and/or you need representation, feel free to call me at 213-288-7070 for a free consultation.
The QME doctor's opinion is separate from the Treating PHysician. Most QME reports take at least 4 weeks after the appointment date (longer where there is a federal holiday week). IF this QME writes you should be able to do full duty if you try but then you try to do full duty and discover it makes you worse or you get re-injured (or just cannot perform the heavier tasks at all), then the inability to complete full duty WOULD require that you re-visit the QME for an updated supplemental report. IF THE QME writes that you cannot perform your pre-injury work without getting re-injured but you go back to work and do the work without any complications or relapses then the QME needs to see you again and talk to you about your ability to work and issue a supplemental report.
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