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qme appointment
#1
What am I allowed to hand carry to the qme appointment, as far as medical/non-medical records. I am self represented.
 
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#2
there is no list.
all your medical records should be available to the QME.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
Got letter from DA saying he wants copies of everything I plan on giving to qme when I go. If I don't send him copies, he would have the report thrown out. It was my understanding, that I could take whatever I wanted to the appointment, and give them to him.
 
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#4
be more careful where you get your information.
while acting as your own atty, secret communications between the QME and either party would not be allowed.
review L.C. 4062.3
http://www.leginfo.ca.gov/cgi-bin/displa...=4060-4068
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#5
(05-17-2014, 01:28 AM)dolphins Wrote: Got letter from DA saying he wants copies of everything I plan on giving to qme when I go. If I don't send him copies, he would have the report thrown out. It was my understanding, that I could take whatever I wanted to the appointment, and give them to him.

You don't need to give the defense copies, only of things he does not already have. You need to provide the DA with a list of these items 20 days in advance to the appointment. He also needs to send you a list of things 20 days in advance he is sending the QME. I replied to this on your other link and provided the rules about this. He can move to have the report tossed if you bring things not listed, and possibly request the judge to make you pay any costs for the cancelled exam..

This should not be difficult. You can type or write a list of records you are planning on sending the QME and send/fax the list of things to the defense in advance.

If you want to bring MRI's etc to the exam that is usually allowed, but I would send a list of these things to the DA to be safe. You can bring other records but make sure you have sent the DA a list of those things in advance. You do not need to copy all the records and give the defense a copy, if the defense has these items, just give him a list.

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.
 
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#6
Thank you VERY much. All info is greatly appreciated.
 
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