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New qme report vs first qme report
#1
I was evaluated by the first qme and he modified my work and schedule mri. He said i would need more treatment. He took 4 months to submit his supplemental report and he did give his opinion on anything but said mmi date is the day of examination. He didnt review all my medical records and retires.

If I have a new qme, does that mean the previous one is not permissible?


I went to clarify “terminated for cause” with I&A today but I left more confused. They told me the IC has 90 days to deny my claim. I appealed and the qme reports it as compensable. The IC is now accepting medical, accepting all dates of ttd from doctors report but refusing to pay because I was terminated. I &A said they can only deny if it’s a new discovery but this is something they’ve known since the day I was terminated.

How can I prove that my termination was a retaliation? The reason they used to terminate is for not following company procedure. The procedure is a common one that everyone doesn’t follow or has ever been written up for. The employer also provided a different reason to edd. They have three different versions of why I was terminated. What do I need to show the judge that I was wrongfully terminated?
 
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#2
The links I provided give examples of a few different scenarios and state what happened. The judge will ultimately decide this. Have you submitted your own statement of what occurred etc? This is where an attorney would be beneficial as they know how to deal with these issues. I still recommend hiring one.
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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#3
(11-14-2018, 12:08 AM)California_Help Wrote: The links I provided give examples of a few different scenarios and state what happened. The judge will ultimately decide this. Have you submitted your own statement of what occurred etc? This is where an attorney would be beneficial as they know how to deal with these issues. I still recommend hiring one.

I have not provided anything because their former attorney and the judge said it is not a factor.

I did see something very interesting though. My employer listed the date of misconduct as the day of termination. On paper, that would look like I was terminated for misconduct after the injury. That would solidify their defense as a good faith personel action.

I have documents and evidence from edd that says a different date. Does the employer have the luxury of excusing themselves by saying it is a clerical error? Everyone in workers comp except the IW can use that or “I didn’t have all the records”.

How can I correct that? Or better yet, hold the employer liable?
 
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