Fresno, CA asked in Workers' Compensation for California

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

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?

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

A: 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.

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