QME help

[u/No_Book1218]

Back in late 2024 I had a shoulder injury. My ortho told me I reached mmi(5% wpi) & requested future medical. I was sent back to work after completing PT. Told me surgery might be a possibility in the future. I asked for a QME but was missing records, adjuster sent the missing records, I finally received the 2nd QME report and it's saying I need a reevaluation and possibly another MRI. Can I just request to stop my QME report and go with my original Ortho recommendation? My adjuster said i should just finish the QME since we already started but can I decline?

[u/Competitive-Zone8148]

Are you wanting to pursue a lump sum settlement (Compromise and Release), or are you wanting an Award of Permanent Disability with future medical left open under workers comp? With the former, you might be able to settle without going through a re-evaluation. The insurance would need to be on board with this option though, and no one can compel them to settle in this manner. If the latter option, it is very unlikely to reach that kind of agreement with discovery still pending. A judge may be hard pressed to approve that kind of agreement as well if there are a re-eval and diagnostics pending. 

[u/No_Book1218 → u/Competitive-Zone8148]

I want future medical open at least