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panel QME Succession Rules?? (California) (California) (Cali

PostPosted: Wed Oct 07, 2009 10:42 am
by steelmanlaw
FACTS:

I am defense atty. Neuro QME is selected from June 2008 panel list, does eval, issues final report. Crossx is set but QME dies before he can be deposed by A/A.


ISSUE:

The issue is NOT whether A/A is entitled to a new panel QME. I am conceding that right in this instance only. The question is whether we (1) need to return to the original process and obtain a new panel list, or (2) can we expedite by selecting from the remaining two? Approach #2 will lop several months handling time off of the case, but only if the result is admissible. Otherwise, if an inadmissible report results, it may add several months to litigation handling. 4067 seems to suggest that option #1 is the only option.


QUESTION:

Therefore, assuming an AME is intenable, can we simply choose from the remaining names on the original list, or do we start over per 4062/4062.2? Is there an Admin Rule that addresses this problem?? Of course, the real question is what do we do after I strike Doctor "B" and A/A strikes Doctor "C" from the original list? ("A" being the dead doc.) he thinks aloud

I think I have already answered my own question, but anyone's input will be graciously received.

Thanks,

JAS

Re: panel QME Succession Rules?? (California) (California) (Cali

PostPosted: Thu Oct 08, 2009 8:15 am
by vampireinthenight
If the two parties cannot agree on a remaining physician, I believe you are compelled to request a new panel. I was placed in a similar position with a pro per. New panel.

Re: panel QME Succession Rules?? (California) (California) (Cali

PostPosted: Thu Oct 08, 2009 3:43 pm
by steelmanlaw
thanks vampireinthenight: i believe that i'm on the right track. in WC, when all else fails (including common sense), follow the letter of the law. in this situation, both approaches lead to the same conclusion.