Injured Workers have certain rights with respect to attending Qualified Medical Evaluations. Further, Qualified Medical Evaluators have obligations towards the Injured Workers.
There are rules and regulations for Qualified Medical Evaluators. Knowledge of these rules can assist Injured Workers with respect to their evaluation. This discussion relates only to the actual appointment and not the QME’s reporting.
Section 41 Ethical requirements lays out QME evaluation expectations.
How Am I To Be Treated?
All Injured Workers, regardless of being representing, are to be treated by QMEs in the same matter.
What Should QME Offices Look Like?
The QME offices are to be clean, professional physician’s offices.
They should contain functioning medical instruments and equipment appropriate to conducting the evaluation within the physician’s scope of practice.
They should have a functioning business office phone with the phone number listed with the Medical Director for that location which a party may use to schedule an examination or to handle other matters related to a comprehensive medical/legal evaluation.
How Should You Be Treated?
The QME should not request you to submit to an unnecessary exam or procedure. They should refrain from treating or soliciting to provide medical treatment, medical supplies or medical devices to you.
The QME should communicate to you in a respectful, courteous and professional manner.
Can QMEs Reschedule Appointments?
QMEs are to refrain from Refrain from unilaterally rescheduling a panel QME examination more than two times in the same case.
QMEs are to refrain from unilaterally rescheduling a panel QME examination more than two times in the same case. Refrain from cancelling a QME examination less than six (6) business days from the date the exam is scheduled without good cause and without providing a new examination date within thirty (30) calendar days of the date of cancellation.
What If There Is a Violation?
An Injured Worker could consider filing a complaint with the Department of Industrial Relations.
What If I Need Legal Advice?
If you would like a free consultation concerning any workers’ compensation case, please contact the Law Offices of Edward J. Singer, a Professional Law Corporation. They have been helping people in Central and Southern California deal with their worker’s compensation cases for 28 years. Contact us today for more information.