Here’s Section L — Additional, Replacement Panels & Consultations Flashcards

(40 cards)

1
Q
A
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2
Q

When can a party request an additional Qualified Medical Evaluator (QME) evaluation?

A

When the existing QME lacks a needed medical specialty to fully address disputed issues; parties may request an additional panel.

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3
Q

What is a replacement QME panel?

A

A new panel issued by the Division of Workers’ Compensation (DWC) Medical Unit when the original panel cannot serve (e.g., conflict, unavailability, improper specialty).

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4
Q

Mnemonic for “additional vs replacement”

A

Add = New specialty needed; Replace = Original can’t serve.

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5
Q

Who issues replacement panels?

A

The Medical Director of the Division of Workers’ Compensation (DWC) upon request with proper justification.

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6
Q

Timeframe to request a replacement panel after learning of a conflict?

A

Within five business days of discovering the conflict or disqualification basis.

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7
Q

What reasons justify a replacement panel?

A

Conflicts of interest, unavailability (no appointment within 60 days), improper specialty assignment, withdrawal, or death of the QME.

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8
Q

Mnemonic for replacement reasons

A

CUPID — Conflict, Unavailable, Proper specialty wrong, Ineligible, Death/decline.

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9
Q

What must the requesting party include in a replacement panel request?

A

Case info, reason for replacement, supporting documentation (e.g., QME unavailability notice, conflict evidence).

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10
Q

Is party agreement required to request a replacement QME?

A

No — either party may request if statutory grounds exist.

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11
Q

What if both parties agree to a new specialty?

A

They may jointly request a replacement panel in the mutually agreed specialty from the Division of Workers’ Compensation (DWC).

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12
Q

Who decides if the original panel’s specialty was improper?

A

The Division of Workers’ Compensation (DWC) Medical Director reviews the case facts and job duties to confirm the correct specialty.

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13
Q

When does a replacement panel clock restart?

A

When the new panel is issued, timelines for QME selection and strike process restart.

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14
Q

Can a QME be replaced if they refuse to see the injured worker in a timely manner?

A

Yes — if they cannot schedule an evaluation within 60 days, a replacement panel may be requested.

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15
Q

Mnemonic for 60-day rule

A

“60 or Switch” — no appointment in 60 days = request replacement.

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16
Q

What documentation supports an unavailability-based replacement request?

A

Written proof of delay (appointment refusal letter, call log, scheduling attempt records).

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17
Q

What happens if a QME retires or relocates before exam?

A

The Division of Workers’ Compensation (DWC) issues a replacement panel upon request with evidence of retirement or relocation.

18
Q

May a replacement panel be issued if the QME loses certification?

A

Yes — decertification triggers automatic replacement.

19
Q

What is a consultation in the QME process?

A

A referral from the primary QME to another physician for specialty input on a specific medical question.

20
Q

Who pays for a consultation requested by the QME?

A

The claims administrator/insurer, as it is part of the medical-legal evaluation process.

21
Q

Mnemonic for consultation payment

A

“Consult = Carrier Covers.”

22
Q

When can a QME refer for a consultation?

A

Only when medically necessary and relevant to the workers’ compensation dispute.

23
Q

Is the consulting physician considered the QME of record?

A

No — the original Qualified Medical Evaluator remains the evaluator of record; the consultant provides input only.

24
Q

What must the QME include in the request for consultation?

A

Clear clinical question, specialty needed, and how it relates to disputed medical issues.

25
Does the consultation report become part of the QME file?
Yes — it must be attached and referenced in the final QME report.
26
Can a party force a QME to request a consultation?
No — consultation decisions are at the QME’s professional discretion.
27
What if the QME refuses to request a needed consultation?
The party may seek a replacement QME or raise the issue with the Division of Workers’ Compensation (DWC) if it impairs substantial evidence.
28
Mnemonic for QME consultation discretion
**“QME Chooses, Not Counsel.”**
29
Timeframe for a consultant to return the report?
Generally **30 days** from referral, unless more time approved by the requesting QME.
30
What must the QME do if consultant’s report is delayed?
Note delay in QME report and consider requesting another consultant or extension.
31
Is the consulting doctor subject to QME ethics rules?
Yes — though not the QME of record, consultants must follow impartiality and reporting standards.
32
Can a consultant bill separately?
Yes — but must follow Division of Workers’ Compensation (DWC) medical-legal fee schedule; costs are payable by insurer.
33
Does requesting a consultation extend the QME report deadline?
Only if properly requested with notice; otherwise original report timelines still apply.
34
Mnemonic for consultation timing
**“Consult Adds Clock — only if approved.”**
35
Are parties notified of consultations?
Yes — the QME must inform parties of referral and provide consultant report once received.
36
Can the consultation change apportionment or MMI opinion?
It can inform the QME’s conclusions, but only the original QME can finalize apportionment or maximum medical improvement (MMI) determination.
37
If consultant gives contradictory opinion, what must QME do?
Address, analyze, and explain agreement/disagreement in final report to maintain substantial evidence.
38
Mnemonic for handling consultant conflict
**“Read, Reason, Report.”**
39
Who can challenge an improper consultation?
Either party may object and request clarification or raise issue to the Division of Workers’ Compensation (DWC).
40
Can multiple consultations be requested?
Yes — if clinically justified; each must be documented and relevant to disputed issues.