Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
psych report
#11
(04-01-2014, 08:19 PM)California_Help Wrote:
(04-01-2014, 01:18 AM)1171 Wrote: if you have to go to the I&A officer to check things why come to public website at all?
you might as well bring them all your questions.
In my opinion you can trust the information on the DWC website link I provided.

I completely agree with you 1171. I do find that web-site can be difficult for some to navigate, and has SO much information. Sometimes, it can be easier to get the information from an I&A officer. I think both are good resources, and I also think you are a good resource yourself, for all on this site.

Another reason why I recommended the I&A officer, as it sounds like this point in this claim has to do with rating. I am also concerned about bringing a medical report to a QME. MRI's and testing's are usually o.k. but I have read some defense attorney's have attempted to get rid of the QME on ground's of injured worker not sending list of reports 20 days in advance to defense. This issue has been under debate, and I want to make sure Dolphin' does everything correctly, to ensure the best outcome for him/her.

I got a letter from the DA saying I must provide him with a list of ALL reports/letters I plan on giving the qme. He said if I didn't, he would have the qme report thrown out. Am I allowed to hand carry whatever I want to the qme appointment?
 
Reply
#12
(05-09-2014, 10:33 PM)dolphins Wrote:
(04-01-2014, 08:19 PM)California_Help Wrote:
(04-01-2014, 01:18 AM)1171 Wrote: if you have to go to the I&A officer to check things why come to public website at all?
you might as well bring them all your questions.
In my opinion you can trust the information on the DWC website link I provided.

I completely agree with you 1171. I do find that web-site can be difficult for some to navigate, and has SO much information. Sometimes, it can be easier to get the information from an I&A officer. I think both are good resources, and I also think you are a good resource yourself, for all on this site.

Another reason why I recommended the I&A officer, as it sounds like this point in this claim has to do with rating. I am also concerned about bringing a medical report to a QME. MRI's and testing's are usually o.k. but I have read some defense attorney's have attempted to get rid of the QME on ground's of injured worker not sending list of reports 20 days in advance to defense. This issue has been under debate, and I want to make sure Dolphin' does everything correctly, to ensure the best outcome for him/her.

I got a letter from the DA saying I must provide him with a list of ALL reports/letters I plan on giving the qme. He said if I didn't, he would have the qme report thrown out. Am I allowed to hand carry whatever I want to the qme appointment?

You received a letter from the DA stating he can move to get the report tossed if you do not notify him in advance. This can happen so I would send him a list in advance. In turn the DA must also send you notification on what he is sending. Has he sent you a copy of the cover letter (issues he wants the QME to opine on) and exhibit list (list of records he is sending this QME).

Did you get a copy of the psych report? I sent you a pm which lists case law about due process etc.

I would not rely upon the DA to send all records to your QME. Sometimes they do, however sometimes they purposely leave out records that could show the extent of your injury. This is why you need a copy of what he is sending the QME (exhibit list), then send the DA a list of what you are sending the QME ( 20 days in advance of actually sending it). This rule is in case one side wants to object to something being sent to QME.

You can usually bring things like MRI's to the eval, but recommend checking this with an I&A officer.

Again I recommend getting a copy of your psych eval so you can decide if you want to send it to the QME to make a final rating.

I still recommend getting these issues checked by an I&A officer to make sure you are doing things correctly.

I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#13
https://www.dir.ca.gov/t8/35.html

These are the rules, as I stated above and as defense counsel told you, you have to notify him what records you are sending to your AME/QME. Actual films such as MRI's can usually be brought to the exam.

I would be careful not to do anything against this as I have read about reports not only being tossed, but also the injured worker getting stuck with the cost of the exam. Again, the defense has to do the same for you and send you a list of records.[/u]

© At least twenty (20) days before the information is to be provided to the evaluator, the party providing such medical and non-medical reports and information shall serve it on the opposing party.[u] Mental health records that are subject to the protections of Health and Safety Code section 123115(b) shall not be served directly on the injured employee, but may be provided to a designated health care provider as provided in section 123115(b)(2), and the injured employee shall be notified in writing of this option for each such record to be provided to the evaluator. In both unrepresented and represented cases the claims administrator shall attach a log to the front of the records and information being sent to the opposing party that identifies each record or other information to be sent to the evaluator and lists each item in the order it is attached to or appears on the log. In a represented case, the injured worker's attorney shall do the same for any records or other information to be sent to the evaluator directly from the attorney's office, if any. The claims administrator, or if none the employer, shall include a cover letter or other document when providing such information to the employee which shall clearly and conspicuously include the following language: “Please look carefully at the enclosed information. It may be used by the doctor who is evaluating your medical condition as it relates to your workers' compensation claim. If you do not want the doctor to see this information, you must let me know within 10 days.”


(d) If the opposing party objects within 10 days to any non-medical records or information proposed to be sent to an evaluator, those records and that information shall not be provided to the evaluator unless so ordered by a Workers' Compensation Administrative Law Judge.


(e) In no event shall any party forward to the evaluator: (1) any medical/legal report which has been rejected by a party as untimely pursuant to Labor Code section 4062.5; (2) any evaluation or consulting report written by any physician other than a treating physician, the primary treating physician or secondary physician, or an evaluator through the medical-legal process in Labor Code sections 4060 through 4062, that addresses permanent impairment, permanent disability or apportionment under California workers' compensation laws, unless that physician's report has first been ruled admissible by a Workers' Compensation Administrative Law Judge; or (3) any medical report or record or other information or thing which has been stricken, or found inadequate or inadmissible by a Workers' Compensation Administrative Law Judge, or which otherwise has been deemed inadmissible to the evaluator as a matter of law.


(f) Either party may use discovery to establish the accuracy or authenticity of non-medical records or information prior to the evaluation.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
#14
Sent copies of ALL med/non-med to da. Still a month till the apt, so that is well with-in the 20 day rule. Thanks again everyone, couldn't do it without all the help I get from you guys' Thanks again.
 
Reply
#15
The DA has to do the same for you, that is provide a list of what is being sent. You only need to send him copies of reports he or the IC was not copied on, and just a list of what you are sending.

I hope he forked over the psych report.

Good luck to you.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  Can my defense attorney obtain records from my psychiatrist for my non-psych claim? caworkerscompqs 2 794 01-30-2019, 01:05 AM
Last Post: 1171
  PQME's PS Report v/s PTP's PS Report? neckpain101 6 5,838 10-01-2015, 05:13 PM
Last Post: 1171
  Suffering psych client ssaattyca 4 4,091 02-16-2010, 12:38 PM
Last Post: 1171
  Here is the website for those who need information on Psych chasnrnbos 0 2,405 09-07-2009, 12:08 PM
Last Post: chasnrnbos
  WC ordered neuro-psych exam, what can I expect lpninct 14 24,029 08-13-2009, 10:03 AM
Last Post: Cervical_Fusion
  extensive psych eval and UR meyea 1 3,493 08-26-2008, 07:58 PM
Last Post: 1171

Forum Jump:


Browsing: 1 Guest(s)