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What is the main purpose of medical-legal reporting in California workers’ compensation?
To resolve disputes about injury, treatment, disability, and causation using objective medical evidence.
Who typically writes medical-legal reports in workers’ comp cases?
Qualified Medical Evaluators (QMEs) or Agreed Medical Evaluators (AMEs).
What must every medical-legal report include at the start?
A physician’s declaration affirming the report is true, complete, and complies with DWC regulations.
What patient history must be included in medical-legal reports?
Detailed work injury history, medical history, and relevant non-industrial factors.
What physical exam info is required in a QME report?
Objective findings, measurements, and consistency with reported symptoms.
What imaging or test results must be included?
All reviewed diagnostic studies and how they support or refute injury claims.
What is Maximum Medical Improvement (MMI)?
When the injury is stable and unlikely to improve substantially with more treatment.
What must be stated about future medical care in a QME report?
Whether ongoing or future care is necessary and what type.
What is apportionment in medical-legal reporting?
Dividing permanent disability between work-related and other causes.
What is substantial medical evidence?
Opinion based on reasonable medical probability, adequate history, exam, and reasoning.
What standard guides permanent impairment ratings?
AMA Guides to the Evaluation of Permanent Impairment, 5th Edition.
What is Whole Person Impairment (WPI)?
Percentage showing how an injury affects overall functioning.
What must be disclosed about work restrictions?
Specific functional limits (e.g., lifting, standing) that impact job duties.
What if records are missing or incomplete?
Note missing info, explain effect on opinion, and may request additional records.
When must a supplemental report be issued after request?
Within 60 days unless parties agree otherwise.
What happens if a QME report is late without good cause?
Payment may be denied and DWC may discipline the evaluator.
What is the time limit to issue the initial QME report?
Within 30 days of the evaluation unless extended.
Who approves extensions for late QME reports?
The Division of Workers’ Compensation (DWC) upon good cause request.
How soon must parties serve medical records to the QME?
At least 20 days before the exam; disputes must be resolved timely.
Can QMEs treat the injured worker they evaluate?
No, they must remain independent and not provide treatment.
Who pays the QME for medical-legal evaluations?
The employer or insurer.
What is an Agreed Medical Evaluator (AME)?
A doctor chosen jointly by both parties to replace the QME panel process.
When can AME be used instead of QME?
Only if the worker has an attorney and both sides agree on the doctor.