Legal Question in Workers Comp in California

Should I file for a hearing if I have a ptp report that is thorough and used all guidelines vs qme report that didn’t review all medical. Did not use ama guidelines and very vague. Will judge make a decision or does the qme report hold more water. Or should I request new panel base on qme report not using any guidelines at all?


Asked on 9/29/18, 10:21 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

It's impossible to say what the judge will or won't do. IF YOU are (1) happy with the findings of the Treating PHysician and (2) the information & assistance officer has reviewed the report with you and assured you it is admissible and 'substantial evidence' and the judge can use it to make a finding, then there is no need to 'fix' a bad QME report. You won't get a new QME panel because you think the QME report 'won't hold water', that is NOT a permitted reason for the Medical Unit to issue a new panel or the insurer to pay another QME another $2000. Don't 'fix' the other side's bad evidence. DO BE 100% certain that the judge CAN use your report for a decision and cannot use the QME report for a decision.

Read more
Answered on 9/29/18, 10:47 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California