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QME question
#1
1171 there is a 30 day timeframe for QME reports in CA. Do you know if they write the first report within 30 days but state they need some documents and some testing done is there a deadline on the second report they write?

Also, If a QME is requesting a report from a former QME to finish his report and neither defense or pro per IW listed this report in the exhibit list (for a reason because it was full of mistakes) what can IW do in this situation? Does he have to send the inaccurate report to the QME or can he send a cover letter that both party's did not list it in exhibit list of documents as it is not accurate? I have never come across this situation.
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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#2
Sorry if second question is not clear. Can a QME request records that were not agreed upon or listed in exhibit list and is there a proper way to handle this either letter to QME copied to defense or have a judge decide issue?
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
(09-27-2019, 01:50 PM)California_Help Wrote: 1171 there is a 30 day timeframe for QME reports in CA. Do you know if they write the first report within 30 days but state they need some documents and some testing done is there a deadline on the second report they write?

Also, If a QME is requesting a report from a former QME to finish his report and neither defense or pro per IW listed this report in the exhibit list (for a reason because it was full of mistakes) what can IW do in this situation? Does he have to send the inaccurate report to the QME or can he send a cover letter that both party's did not list it in exhibit list of documents as it is not accurate? I have never come across this situation.

I tend to take the regs literally and consider any supplemental or additional reports as a separate QME request. Therefore the 30 day limit and any requested extension would apply to each —- sometimes testing and records gathering and such takes weeks or months and a separate clock would seem the only practical way for the QME process to function. I don’t have any legal citation for that opinion.
https://www.dir.ca.gov/t8/37.html

Not every situation is accounted for in the regulations. there is no legal requirement that gives the doc the right to review every and all medical record. If the doctor cannot render an opinion based on the record provided mutually by the parties, then the parties are free to abandon that QME attempt.

These are my experienced opinions only unless or until there is clarifying case law.
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.
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#4
Thank you 1171.
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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#5
I have a similar situation, I had the first exam by a QME, he requested some new MRI’s so that he can complete his initial exam reporting as the prior MRI’s are now too old, (stale). I found out much later that the adjuster authorized these new MRI’s 1 day after his first report although I was not informed until months later. So, once this QME has these new MRI’s, what is the time frame for his completed report, 30 days or 60 days. This really isn’t a supplemental report since he asked for additional testing to complete his first report.
 
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#6
you can file an objection to the report if you think its late and let the court decide.
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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#7
P.S. here is a better lin to the regs
https://www.dir.ca.gov/t8/ch1a3.html
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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#8
(09-27-2019, 09:02 PM)1171 Wrote: you can file an objection to the report if you think its late and let the court decide.

There's no dispute of the report, the question is once he request further testing for his initial report, incomplete report due to required testing is the time frame to complete his reporting with (rating and apportionment), once he gets the tests back, 30 or 60 days?
 
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#9
"(1) When the evaluator has not received test results or the report of a consulting physician, necessary to address all disputed medical issues in time to meet the initial 30-day deadline, an extension of up to thirty (30) days shall be granted;"

from the link i posted.
if you like the report why count the days?
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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#10
(09-27-2019, 09:44 PM)1171 Wrote: "(1) When the evaluator has not received test results or the report of a consulting physician, necessary to address all disputed medical issues in time to meet the initial 30-day deadline, an extension of up to thirty (30) days shall be granted;"

from the link i posted.
if you like the report why count the days?

I am not counting days and I liked his report so far and his 1st report was not late, he wanted new MRI's, now he has them. No extensions have been requested or granted, just a delay in obtaining these MRI due to the fact no one bothered to tell me verbally or in writing that these MRI were authorized by the adjuster.
I had contacted the medical unit, they told me that my primary had to submit an RFA for these MRI's and that UR shall certify them due to these being part of a med legal exam. I had my primary do as instructed and he found out the adjuster had authorized the MRI's for a few months already and that I had to contact the UR company to set the appointments for the MRI's.
I just wanted to know how long the QME has to complete his final report once he received the MRI reports. 
The medical unit actually said, if this QME has the facility to do the MRI's in his office then he could have just done the MRI's without any authorization from either UR or the adjuster, confusing, I know!
 
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