Cal. Code Regs. Tit. 8, § 40 - Disclosure Requirements: Injured Workers
(a) An evaluator selected from a QME panel
shall advise an injured worker prior to or at the time of the actual evaluation
of the following:
(1) That he or she is
entitled to ask the evaluator and the evaluator shall promptly answer questions
about any matter concerning the evaluation process in which the QME and the
injured worker are involved;
(2)
That subject to section
41(g), the injured
worker may discontinue the evaluation based on good cause. Good cause includes:
(A) discriminatory conduct by the evaluator
towards the worker based on race, sex, national origin, religion, or sexual
preference,
(B) abusive, hostile or
rude behavior including behavior that clearly demonstrates a bias against
injured workers, and
(C) instances
where the evaluator requests the worker to submit to an unnecessary exam or
procedure.
(b)
When required as a condition of probation by the Administrative Director or
his/her licensing authority, the QME shall disclose his/her probationary
status. The QME shall be entitled to explain any circumstances surrounding the
probation. If at that time, the injured worker declines to proceed with the
evaluation, such termination shall be considered by the Administrative Director
to have occurred for good cause.
(c) If the injured worker declines to ask any
questions relating to the evaluation procedure as set forth in section
40(a), and does
not otherwise object on the grounds of good cause to the exam proceedings under
section 41(a) during the
exam itself, the injured worker shall have no right to object to the QME
comprehensive medical-legal evaluation based on a violation of this
section.
Notes
2. Amendment of article 4 heading filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section heading, section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
Note: Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 4067, Labor Code.
2. Amendment of article 4 heading filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section heading, section and Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
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