Chapter 1. Industrial Medical Council
Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure

§31. QME Panel Selection.

(a) The panels shall be selected randomly from the appropriate specialty requested by the employee, with consideration given to the proximity of the QME's medical office to the employee's residence.

(b) The unrepresented employee shall make an appointment request with a QME listed on the panel and may consult with his or her primary treating physician as to an appropriate QME specialist. Neither the claims representative nor a representative of the employer nor a QME may discuss or make the selection of a panel QME for an unrepresented worker at any time.

(c) The Medical Director shall exclude from the panel selection process any QME who has informed the Medical Director that he or she is unavailable pursuant to Section 33.

(d) Any physician who has served as a primary treating physician or secondary physician and who has provided treatment in accordance with Section 9785.5 of this Title for this injury for an unrepresented employee shall not perform a QME evaluation on that employee. If that QME appears on a panel, he or she shall disqualify him or herself, and the employee may request a replacement QME pursuant to Section 31.5.

NOTE: Authority cited: Sections 4061 and 4062, Labor Code. Reference: Sections 139.2, 4061 and 4062, Labor Code.

HISTORY

1. New section filed 8-1-94; operative 8-31-94 (Register 94, No. 31).

2. Repealer of subsection (d) and subsection relettering, and amendment of newly designated subsection (d) filed 8-23-96; operative 9-22-96 (Register 96, No. 34).

3. Amendment of subsections (b) and (d) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).