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Service of Qualified Medical Evaluator Panels

Posted by Sure S. Log on Sep 20, 2023 2:42:20 PM

Labor Code § 4062.2 establishes the procedure to be followed "[w]henever a comprehensive medical evaluation is required to resolve any dispute arising out of an injury or a claimed injury occurring on or after January 1, 2005, and the employee is represented by an attorney." A party may request a panel of qualified medical evaluators (QME panel) the first working day that's at least 10 days after the date of mailing a request for a medical evaluation pursuant to LC 4060, or the first working day that's at least 10 days after the date of mailing an objection pursuant to LC 4061 or LC 4062.

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Topics: QME, LC 4062.2, qualified medical evaluator, proof of service, CCR 30

Striking a Qualified Medical Evaluator and the Mailbox Rule Revisited

Posted by Sure S. Log on Jan 18, 2023 9:00:00 AM

In represented cases in which a panel of qualified medical evaluators (QMEs) is required to resolve a disputed issue, Labor Code 4062.2(c) states, "Within 10 days of assignment of the panel by the administrative director, each party may strike one name from the panel." Pursuant to Messele v. Pitco Foods, Inc. (2011) 76 CCC 956 (appeals board en banc), it has been well recognized that the mailbox rule applies to that process. So, when a QME panel is served, a party generally is given 10 days from the assignment of it, plus five days for mail, to strike a name from the panel.

Under the current process, however, the parties do not receive the QME panel at the same time. QME panel requests must be submitted electronically via the Division of Workers' Compensation website. After the request online, the panel is generated automatically. Within one working day, the requesting party is required to serve a copy of the panel and any supporting documentation with a proof of service.

The party requesting the panel frequently receives it immediately or shortly after submitting the request. The other party receives it only after being served by the requesting party. So, must each party issue a strike by the same day?

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Topics: QME, Striking, Mailbox Rule, CCR 10607, LC 4062.2

QME Evaluations Via Telehealth

Posted by Sure S. Log on Apr 7, 2021 11:07:00 AM

Because of the backlog of medical-legal evaluations caused by the COVID-19 pandemic, the Division of Workers’ Compensation (DWC) adopted emergency regulations for medical-legal evaluations and reporting. The regulations became effective May 14, 2020, and originally were set to expire March 12, 2021. But they have been extended until Oct. 12, 2021.See DIR Newsline dated March 10, 2021.

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Topics: COVID-19, QME, COVID, Telehealth

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