Can 2 QME reports Along with Supplemental Reports last One Done July 2020 Be Stricken Because Dr died ?

Question

I have an Attorney , I question his statements Seriously injured  in 2017 . First QME report would give me lifetime disability  benefits , insurance company sits on report for a year. I go back to same QME one year later , my condition worsening . 2nd report in  July 2020  now gives me a rating of 80% disabled . QME also follows with a supplemental report a month later to address insurance company’s questions . All in my favor.  QME tells me  during  2nd evaluation he  can’t understand why my case has not settled Every report , CAT scan , doctor I have seen agrees my injury was caused by the accident.  Social security rates me as disabled just from the doctor reports in file . In Sept of   2020  QME  doctor dies . Now attorney says I  must start all over with another QME  , he  admits  he”s not familiar with new assigned QME and is uncertain of the outcome  .  Why was my case  not set for hearing after first QME report ?  Feeling uncertain about  my attorney, must i start with new QME?

Nancy J. Wallace · Answer

MAYBE.  If there is any NEW evidence the evaluating physician would need to see to render an accurate opinion, then you have to pick a new QME.   IF a Party said they planned to depose the QME when they had the records collected and they proceeded reasonably (they didn't wait 3 years before getting the records) and they did not get their opportunity to show the records to the QME for a supplemental report, then you will see a new QME.  IF nobody objected to the findings of the QME and nobody timely reserved their right to cross-examine the QME under oath, and you LIKE this QME's findings, I'd rush to request a trial.  But the reality is most WCAB Judges won't force a part to trial when the doctor who wrote the evidence has died.

Q: Can 2 QME reports Along with Supplemental Reports last One Done July 2020 Be Stricken Because Dr died ?