PQME strike (California)

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PQME strike (California)

Postby lacompfun on Thu Jan 18, 2018 9:29 am

Scenario:

1. Panel QME Psychiatry list received
2. Defense strikes a Doctor. A few days later AA strikes the same Doctor. All done within the statutory time.
3. About three weeks later AA sends a strike on one of the remaining choices.

Question:

1. Is AA strike three weeks later valid?

Notes:
Seems like the PQME strike process must all be done within 15 days from list being issued. In which case AA second strike is late.
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Re: PQME strike (California)

Postby LawAdvocate on Thu Jan 18, 2018 10:55 am

The strike is late, but it may be argued you should have jumped on the 16th day and scheduled an eval. So the remaining doctor, is it bad? Then you maybe litigate like you have nothing to lose. If the doctor is ok, then push the case to settlement for all parties best interests and go to that QME. Pick your battles or you have no energy or resources left to sustain the entire war.
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Re: PQME strike (California) (California)

Postby lacompfun on Fri Jan 19, 2018 6:52 am

Thank you...good points...any known case law on subject?
Seems to be an interpretation of labor code.

The Pqme chosen is bad..
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