Legal Question in Workers Comp in California

Insurance comany requesting a second QME examination

I am representing myself in my workers comp case. The insurance company requested a QME. The QME ruled I do, in fact, have a compesatable back injury. The insurance company has since hired a lawyer to represent them regarding my case. The lawyer is now requesting that I attend a second QME examination. I am satisfied with the first QME report. Can the lawyers for the insurance company legally request a second QME examination?


Asked on 9/25/06, 1:40 pm

2 Answers from Attorneys

David Lupoff Law Offices of David B. Lupoff

Re: Insurance comany requesting a second QME examination

The defense can do anything they wish providing that you remain unrepresented.

I am not sure why the deft. is sending you to a second QME. It may be that they have discovered more medical records and they want the QME to review them for a supplemental report. Or, they may have properly objected to the opinions of the last QME, just so they can send you to a subsequent QME for the purposes of tanking your case. After all, why should they find an injury?

The reality is, quite often the 15% you think you will save in attorney's fees are often dwarfed by a smaller settlement that you may had otherwise received if you were properly represented by an attorney. Question: Do you really believe that you can circumvent the schooling and experience of an applicant’s attorney to save money, while you’re up against experienced and schooled defense attorneys?

Feel free to contact my office if you would like a free consultation at 818.385.0520. Otherwise, good luck.

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Answered on 9/26/06, 11:20 pm
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Insurance comany requesting a second QME examination

Defense can send you to new QME for different reasons and until discovery period is not cut off they may proceed with a new QME. You can choose an applicant's QME., but you have to select a QME that is neutral and unbiased. Call me at 213.388.7070 for a free consultation.

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Answered on 9/27/06, 3:05 am


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