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Multiple QME Panels in Cumulative Trauma Claims Involving Multiple Defendants

Posted by:  Sure S. Log
Topics: cumulative trauma CT injury multiple employers LC 5500.5 QME qualified medical evaluator multiple defendants election QME panel

Pursuant to Labor Code § 5500.5(a), liability for a cumulative trauma (CT) injury is limited to the employer(s) that employed the worker during the one-year period immediately preceding the date of injury (LC 5412), or the last date of injurious exposure, whichever occurs first. That means multiple employers or insurers can be liable for a CT injury.

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Service of Qualified Medical Evaluator Panels

Posted by:  Sure S. Log
Topics: QME LC 4062.2 qualified medical evaluator proof of service CCR 30

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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