Getting 2 panel QME's different specialties (California) (Ca

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Getting 2 panel QME's different specialties (California) (Ca

Postby laesquire on Sat Mar 28, 2009 7:38 am

SCENARIO:

1. Psychiatry Panel QME chosen. Unfortunately a very Defense oriented Doctor.

2. The Applicant wants a Panel QME for the other injured body part -orthopedic.

3. Defense Attorney says the Psychiatrist QME makes the referrals to other doctors including ortho. Thus, the Medical Unit will not issue panels for orthopedic QME.

4. The Applicant view is the medical unit should issue different panel QME list for Orthopedic


5. The Medical Unit is not responding for requests to issue a panel QME for orthopedics.

6. The WCAB judge will not issue a panel for orthopedic . He will not do it under regulation 31.7(a)(1).

7 . Current panel QME in Psychiatry will not send the form to the medical unit requesting a panel outside his specialty.


QUESTIONS:
1. Since the current Psychiatry panel QME will not send the form to the medical unit requesting panel in orthopedic medicine , the medical unit will not do it per applicant attorney request and the judge will not order it how can Applicant Attorney resolve the issue?

Should a get a judical decision then do petition for removal?
laesquire
 
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Re: Getting 2 panel QME's different specialties (California) (Ca

Postby theAxe on Mon Mar 30, 2009 9:16 am

Good question... while I don't have the answer, (not an atty) I do have some related observations relative to the recently revised QME Regulations...

1) the Panel QME is to address all injuries claimed by the IW.
2) Consultations are selected by and all communications with consultant are controlled by the QME
3) No QME may obtain a consulatation for the purpose of obtaining disability rating or apportionment determination (Section 32 (b)).

Given the above regulations and consistent with Section 31.5, under your scenario, it would appear that the psych QME must either "provide a complete medical evaluation" to address all disputed issues (including disability and apportionment of orthopedic and all other injuries :? ) or determine that another Panel is needed to provide disability rating or apportionment determination outside his specialty.

This appears to me to be a relatively straightforward interpretation of the new rules, but I'm sure that someone here will be able to point out any nuances that I may have missed - still trying to get my head around all these - I would welcome further discussion on what this all means.
Good luck.
theAxe
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Re: Getting 2 panel QME's different specialties (California) (Ca

Postby speropotus@yahoo.com on Tue Mar 31, 2009 1:11 pm

Why don't you request a new QME based on the current QME's failure to meet time-frame set by Regulations. See procedure under Reg 38 (a). QME has 60 days to write the supplemental report requested (Reg 38 (f).). Try setting depo and if no date given in 60 days, you could make same argument.

I have this same problem myself and am toying with this idea.
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Re: Getting 2 panel QME's different specialties (California) (Ca

Postby laesquire on Fri Apr 03, 2009 8:29 am

I went to court. The judge signed an order compelling the DWC to issue the second panel.
:mrgreen:

What I did:
1. Write a letter to the defense attorney trying to get a stipulation for the additional panel.

2. They responded saying no.

3. So under the regs 32 something if the parties do not agree on the need for the additional panel, the WCAB judge can order it. So I filed a petition and had the matter set for a
priority conference. The judge ordered the additional panel.

Reg 38(a) (f) looks interesting. I may try that approach next time.
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