Q: I have a workmans comp claim that started in February 2016. I was set up an appointment by my WC attorney.
I was scheduled by my WC attorney for a "Qualified Medical Examination for this day September 5, 2018. I had to wait nine months
for this appointment. I got a letter from Workmans Comp Attorney (not my lawyer) that is was cancelled! For no reason except that
the letter from WC Attorney stating "In accordance with the California Labor Code, has been cancelled.
I did contact my Attorney three times and have had absolutely NO RESPONSE for three weeks now.
Can you explain what the Calif. Labor Code is and why my appointment was cancelled. I had just had an MRI which i feel was very
important to discuss with my QME doctor as well as my attorney?
A: First, there is NO WAITING 9 months any QME appointment. The attorney can get a panel of 3 QME physicians online in about 5 minutes. Then the attorneys have about 2 weeks to strike the name they refuse; then you see the remaining doctor on the list, and THAT doctor sets the exam within 60 days of the call for an appointment. THAT PROCESS runs 75 days, 2.5 months. NOT 9 months. IF YOUR ATTORNEY did NOT follow the regulations to secure the QME, if he failed to serve the list on the defense or adjuster or the records and reports for the QME's review were not provided to the other side at least 20 days prior to the QME appointment, the defense can legally decline to pay for the exam and cancel the appointment. IN NINE MONTHS you should have had a Treating PHysician's final Maximum Medical Improvement report and be ready for trial with no QME report. Sounds like a 'legal assistant' and not an actual licensed attorney is handling this.
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