Q: Can a QME Dr out of the blue ask for a re-evaluation without the consent of either lawyer on both sides?
Had QME 5 years ago and injuries were found to be work related. Had 5 surgeries since and now arguing about acceptance of last surgery. Received a letter asking me to attend QME. I'm wondering if my attorney and their attorney who are friends, agreed to this without my knowledge? Everyone is acting like the Dr just wanted to see me again. I feel like I'm being deceived by my lawyer. Am I ? Do I need to worry? Thank you for your advice.
A: If you really feel your lawyer is not serving you, you need (1) a face-to-face to give her an opportunity to clearly and quickly demonstrate she is on your side and working in your best interests...and if she cannot do so soon and easily, then (2) dismiss her and 'substitute' in a new attorney you trust. This person is going to get Thou$and$ of your money! The direct answer to the question is 'no' the QME never just independently decides he must perform a re-evaluation. If in the QME report there is a discussion that you are not yet at Maximum Medical Improvement and this physician must re-evaluate you after active treatment is concluded if either party wants the Whole Person Impairment finding, then the defense attorney typically sets the final re-evaluation appointment when directed to do so by the insurance adjuster. If the treating physician failed to sufficiently detail all factors of Whole Person Impairment, you'll need this QME's opinion to conclude your claim. You should be meeting with the attorney to review your Activities of Daily Living limits PRIOR TO the QME re-evaluation...if the actual attorney (not the assistant or the secretary) won't meet with you to prepare for the QME eval, then it is time to get a new attorney...and make certain you go through Activities of Daily Living with a lawyer in great detail BEFORE the QME Appointment.
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