I need to get something off my chest. Time and time again, I see unrepresented people making the same mistake.
You’re blowing your QME selection, and it’s costing you your case.
First, this is not a pitch for always hiring attorney. Not what you would expect on the website of attorney, right? But if you want to handle the claim yourself, and not pay a fee to an attorney, I totally get it. That being said, there’s ONE thing you absolutely need to understand about the QME (Qualified Medical Evaluator) process, and it breaks my heart every time I see someone mess this up.
When either you or the adjuster get a QME panel, the injured worker has the exclusive right to select the doctor within ten days. After that, and the adjuster gets to pick. The doctor that gets selected as the QME, can literally make or break your entire case. Their report is often the most important piece of evidence in your claim, and can be the whole basis of your final settlement.
The doctors on the panels are not all the same. Some are extremely defense-oriented and will find every reason to minimize your injury. Some are fair. Some actually understand injured workers. But how would you know which is which. I can tell you one thing, the adjusters definitely know who to pick. And if they don’t, they pick up the phone and ask their favorite defense attorney who they should go with. They have lists of their preferred doctors.
But here’s the thing, you have the right in those first 10 days to pick the doctor. And if you don’t know who to pick, just call an attorney and ask. Every good WC attorney worth their salt offers free consultation, and we will all take 10 minutes to look at your panel and tell you who to go with. We know these doctors. We’ve seen their reports. We know their tendencies. This one phone call could be worth tens of thousands of dollars to your case.
In short, please get help with the QME process. You can use the California Applicants’ Attorney Association directory to find a local attorney, and ask for advice on who to select. I would also be happy to help you out. Just make sure that you communicate your selection to the adjuster within 10 days.
If you would like us to go over a panel of QME’s you received as part of your workers’ compensation claim, contact us at (949) 873-2868 or email wc@ryandkayrell.com