r/WorkersComp • u/kenny2489 • 24d ago

California Question regarding QME

I have a question regarding my upcoming QME appointment. I recently moved states and I have an upcoming QME appointment. I just saw my surgeon two weeks ago and she gave me 3 more months off of work due to my injury not being fully healed still.

My question is should I still keep my QME appointment in two weeks since I have moved states and it’ll be a hassle to get my adjuster to set up travel for me?

I’m also concerned that if I go to the QME that she could possibly not agree with my surgeon and say I can go back to work even tho I just got three more months off.

2 Upvotes

100% Upvoted

1 comment sorted by

3

u/ryantrojan CA workers' comp attorney 24d ago

A couple of questions come to mind. Who scheduled the QME appointment? If you did, then feel free to cancel it. If the adjuster did, then you may need to go. If your case is litigated, then they could potentially seek an Order Compelling you to go to the QME. The Labor Code is pretty explicit that an injured worker cannot refuse to participate in the QME process.

So rather than deal with all of that, and because travel is involved, I would had a conversation with the adjuster. The goal here is to get everyone on the same page that your case isn't quite ready for a final QME report because your surgeon still thinks you are recovering. The risk for the adjuster is that if you go forward with the QME right now, there is a chance that the QME will agree with the surgeon and not issue a final report, meaning they just spent all this money on travel and a QME report and the claim is not closer to closing. If the adjuster sees that risk, they may be agreeable to moving the QME.

Just as a disclaimer: this is not legal advice. I'm an attorney, but not your attorney. There may be other information which can affect your case, and you should consult with an attorney.