Unrepresented Panel QME timeline (California)

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Unrepresented Panel QME timeline (California)

Postby laesquire on Thu Sep 17, 2009 7:02 pm

Applicant not represented.

MMI

A year later Applicant demands panel as unrepresented. Is there some type of statute of limitations on demanding a Panel QME on unrepresented cases?

:o
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Re: Unrepresented Panel QME timeline (California)

Postby stevepsca on Fri Sep 18, 2009 5:44 am

Don't you have to have a ''disputed medical issue'' to base a request for M/L on in the first place ?
What is the dispute this IW is requesting opinion on ? (which doesn't really matter this late )

4062. (a) If either the employee or employer objects to a medical
determination made by the treating physician concerning any medical
issues not covered by Section 4060 or 4061 and not subject to Section
4610, the objecting party shall notify the other party in writing of
the objection within 20 days of receipt of the report if the
employee is represented by an attorney or within 30 days of receipt
of the report if the employee is not represented by an attorney.
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Re: Unrepresented Panel QME timeline (California)

Postby laesquire on Sat Sep 19, 2009 8:29 am

Good point. At this time there is no timely disputed issue. Just an applicant who finally decided to try the Panel QME off an old MMI report.
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Re: Unrepresented Panel QME timeline (California)

Postby jakelast@aol.com on Sun Sep 20, 2009 8:15 am

There is actually no time limit for requesting a panel under LC 4061 (PD issues only). That section only requires the parties to be unable to reach agreemento based on the report of the PTP.

There are cases that suggest a party must act within a "reasonable time" to initiate the qme process but those cases for the most part involve closure or discovery issues at the WCAB where the defendant has not acted to request a qme panel in rebuttal to the PTP report. If there is no action pending at the WCAB and no issues of closure of discovery, I am not certain there is any time limit for the injured worker to request a qme panel on PD issues..
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