V. QME Selection Process — Labor Code §4062.1 & §4062.2 (continuing): Flashcards

(36 cards)

1
Q
A
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2
Q

What happens if both parties submit panel requests on the same day?

A

Medical Unit uses earliest valid proof of service; tie broken by filing completeness.

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3
Q

How long does the Medical Unit usually take to issue a panel?

A

Typically 15 business days, but can vary with backlog.

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4
Q

What if the selected QME’s license expires before the exam?

A

Panel must be replaced by DWC.

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5
Q

Can a QME change specialty after panel issuance?

A

No — specialty fixed once panel issued.

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6
Q

Can the parties agree to use a doctor not on the panel (if unrepresented)?

A

No — only listed QME can be used for unrepresented worker.

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7
Q

Can represented parties waive a panel and pick any QME?

A

Yes — if both agree (AME).

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8
Q

What is the main difference between QME and AME in binding power?

A

AME opinions are highly binding; harder to challenge at WCAB.

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9
Q

When must a party object to QME specialty?

A

Within 10 days of receiving the panel notice.

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10
Q

Can a party request a replacement QME if doctor is too far away?

A

Yes — if travel distance exceeds reasonable geographic area (per DWC guidelines).

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11
Q

Maximum distance considered reasonable for travel?

A

Generally 30 miles or 60 minutes each way (unless rural exceptions).

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12
Q

If worker moves out of state?

A

QME may examine via telehealth or DWC can assign out-of-state QME if available.

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13
Q

Time allowed for parties to submit records to QME before exam?

A

Usually at least 20 days prior (records must be served to other party simultaneously).

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14
Q

QME record-handling ethics?

A

Review all records, note missing items, and document what was considered.

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15
Q

Are surveillance videos allowed?

A

Yes, but must be disclosed to other side before submission.

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16
Q

When can the QME report be served late?

A

Only if extension approved by DWC for good cause (e.g., complex case).

17
Q

What if QME dies or retires mid-case?

A

DWC issues replacement panel.

18
Q

How many times can a panel be replaced?

A

Unlimited for good cause (COI, distance, license issues, unavailability).

19
Q

QME duty about interpreting tests?

A

Must stay within scope and document limitations of tests.

20
Q

Can QME bill no-show fee if worker doesn’t come?

A

Yes — per OMFS; must document no-show.

21
Q

Can QME ask for supplemental tests (MRI, labs)?

A

Yes — if medically necessary and within specialty.

22
Q

Do parties have to pay for supplemental tests ordered by QME?

A

Yes — requesting party/insurer usually covers if tests are reasonable.

23
Q

What is “QME strike procedure”?

A

Each party may strike one doctor; remaining is examiner.

24
Q

If both fail to strike, what happens?

A

DWC randomly assigns one of the three.

25
Can QME postpone exam until full records arrive?
Yes — but must document and keep within **90-day exam window**.
26
Time to schedule QME after panel issuance?
Must offer **appointment within 60 days** unless DWC grants 30-day extension.
27
What if panel request is defective (wrong form)?
DWC may **reject** and require resubmission.
28
Is interpreter required if worker needs one?
Yes — requesting party must **arrange and pay** for certified interpreter.
29
Can QME refuse case due to language barrier?
No, but can **request certified interpreter**.
30
When can QME issue “no opinion”?
If **records insufficient** and **parties failed to provide data despite request**.
31
Are QMEs required to disclose past malpractice?
Yes — **full disclosure** maintains panel eligibility.
32
Can QME negotiate extra pay?
**No — must follow OMFS; no side deals**.
33
What if party misses 10-day strike deadline?
Loses strike right; other party picks from remaining QMEs.
34
Panel request time if injury denied entirely?
**30 days** after denial to request compensability QME.
35
Do represented parties need to agree on specialty?
Ideally yes; if not, **DWC decides**.
36
What if worker already treated with panel QME?
**Conflict — request new panel**.