Cal. Code Regs. Tit. 8, § 37 - Request for Factual Correction of a Comprehensive Medical-Legal Report from a Panel QME
(a) An
unrepresented employee or the claims administrator may request the factual
correction of a comprehensive medical-legal report within 30 days of the
receipt of a comprehensive medical-legal report from a panel Qualified Medical
Evaluator that is required to be filed with-JUN the DEU pursuant to Labor Code
section
4061(e).
(b) A request for factual correction using
the form in subdivision (f) shall be served on the panel Qualified Medical
Evaluator who examined the injured worker, the party who did not file the
request, and the Disability Evaluation Unit office where the comprehensive
medical-legal report was served. If the claims administrator serves the request
for factual correction on the Qualified Medical Evaluator, the injured worker
shall have five (5) days after the service of the request for factual
correction to respond to the corrections mentioned in the request. The injured
workers' response shall be served on the panel Qualified Medical Evaluator and
the claims administrator.
(c) If
the request for factual correction is filed by the injured worker, the panel
Qualified Medical Evaluator shall have ten (10) days after service of the
request to review the corrections requested in the form and determine if
factual corrections are necessary to ensure the factual accuracy of the
comprehensive medical-legal report. If the request for factual correction is
filed by the claims administrator or by both parties, the time to review the
request for correction shall be extended to fifteen (15) days after the service
of the request for correction.
(d)
At the end of the period for the panel QME to review the request for factual
correction in subdivision (c), the panel QME shall file a supplemental report
with the DEU office where the original comprehensive medical-legal report was
filed indicating whether the factual correction of the comprehensive
medical-legal report is necessary to ensure the factual accuracy of the report
and, where factual corrections are necessary, if the factual corrections change
the opinions of the panel QME stated in the report.
(e) In no event shall a party file any
documents with the panel QME other than the form indicating the facts that
should be corrected; nor shall the panel QME review any documents not
previously filed with the panel QME pursuant to Section
35 of these rules.
(f) Request for Factual Correction of an
Unrepresented Panel QME report form. [Form 37]
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NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.
Notes
2. New section and new QME Form 37 refiled 7-1-2013 as an emergency; operative 7-1-2013 (Register 2013, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-1-2013 order, including amendment of subsections (a), (b) and (f), transmitted to OAL 8-2-2013 and filed 9-16-2013; amendments operative 9-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 38).
Note: Authority cited: Sections 133 and 4061, Labor Code. Reference: Section 4061, Labor Code.
2. New section and new QME Form 37 refiled 7-1-2013 as an emergency; operative 7-1-2013 (Register 2013, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-1-2013 order, including amendment of subsections (a), (b) and (f), transmitted to OAL 8-2-2013 and filed 9-16-2013; amendments operative 9-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 38).
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