Legal Question in Workers Comp in California

I have a worker's comnpensation case from 12/03 for a back injury which indicated 30% permanent disability, it took six years before the pain was managable. But, only after a few months work was giving me greive on my injury. I had told my doctor that I could loss my job and I believe I was rechecked and okayed to work off of light duty. However in 2011, I recieved a notice that the case was never closed and had to go back to the doctor. So I did on 11/11 (WOW over 8 years), and was check out so they can get their report. Permanent stationary. Now there is a conflict and I have to fill out a PQME for 105. What does this mean to me? Is this a bad thing or did someone mess up?. Honesty my back still pains me, but not even close to the pain I had. Thank you for your help in understanding this.


Asked on 5/19/12, 10:56 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

Two reports are admissible now... the 'treating' physician and the Panel Qualified Medical Evaluator. Sounds like the treater never declared you Permanent & Stationary until 2011. Sounds like the employer didn't like the level of permanent disability found, so they objected and a panel of three physicians from the Medical Unit in Oakland. A PQME IS A GOOD THING because YOU GET TO PICK THE PQME . [if you're smart, youll let ME or a cert. specialist atty pick the qme for you... you might pick the anti-christ if you don't know how to pick a worker-friendly doctor). If the QME agrees with the treating doc, you get that 30% permanent disability. if the QMEdisagrees, the adjuster will offer some number between the findings of the two doctors. IF THE INSURER demanded QME you do need to go. If the TReating Doc wrote a report that makes no sense and needs to be corrected, find out the problems in the treaters report and work with your doc to get them fixed...or you'll be stuck with the qme's findings.

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Answered on 5/20/12, 10:48 pm


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