Vallejo, CA asked in Workers' Compensation for California

Q: I have a trial date set & a QME follow up appointment set for months later which my attorney requested.

I thought after the trial the case was totally over. Is this a normal thing in the workers comp system or is this just a way to keep the case going?

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2 Lawyer Answers

Ronald Mahurin

  • Workers' Compensation Lawyer
  • Point Arena, CA
  • Licensed in California

A: 1) you should ask your attorney.

2) Yes, this is common if the trial is on issues not related to the upcoming Panel QME appointment.

Nancy J. Wallace

  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: A trial does not mean the judge has decided every issue and every dispute possible. You should take this up with either your attorney who went to trial or the Information & Assistance Officer with whom you met at Trial. The judge only decides the specific items placed in front of them at that trial date. If there is a QME appointment, it appears that someone -- either you or the insurer -- is challenging the opinion of the primary treating physician and needs medical-legal evidence about your healing status and your factors of permanent disability on each body part in your application. No one ever wants to 'just keep a case going'. But if there is no evidence before the judge on your factors of permanent disability/WHole Person Impairment on each body part, the judge cannot issue a final decision on permanent disability.

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