Oakland, CA asked in Workers' Compensation for California

Q: Injured at work 09/09 2019. Had a surgery 01/22/2020. Treating doctor (also the surgeon) issues 2% WPI in Aug 2020.

QME doctor issues 17% in Jan 2021. Claims admin objects to the medical determination, report, conclusions regarding causation, apportionment, disability, impairment, work restrictions and treatment. They want a supplemental report, PQME Cross-examination and to obtain additional records, etc.

What's the next step and what do I do? What are my options?

Thanks in advance.

Oakland, CA

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1 Lawyer Answer
Nancy J. Wallace
Nancy J. Wallace
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: Your options are to file / serve DOR for a trial immediately. Defense has had the QME report for more than a month, it should have obtained these records BEFORE the QME saw you, and the QMEs deposition should have beend scheduled already. YOu are ready for trial for a decision on the jan. 2021 QME findings, and you've waited 6 weeks for the defense to get the info to the QME it should have provided in 2020, so you are ready to proceed. It would be a smart time to get an experienced lawyer, you won't know how to respond to the defense when it insists it needs more time to take the doctor's depo and obtain more records.

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