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

§32. Consultations.

(a) For injuries occurring between January 1, 1991 and December 31, 1993, a party may request the Medical Director to direct the QME to consult with a physician in an appropriate specialty to address issues outside the QME's specialty if the party believes such a consultation is necessary to provide a complete and accurate examination pursuant to section 4061 of the Labor Code. The party requesting the consultation shall specify in writing the reasons for the consultation. Valid reasons for providing the QME consultation shall include, but not be limited to, the expertise of the QME, the accuracy of the QME comprehensive medical-legal evaluation in question and the complexity of the medical issue involved.

(b) The Medical Director shall appoint a separate list of physicians for requests pursuant to subsection (a), and shall, in his or her discretion, grant or deny the request within 30 days.

(c) For injuries occurring on or after January 1, 1994 a QME may obtain a consultation from any physician who has treated the unrepresented employee for the injury listed on the panel request form or by any physician as reasonable and necessary pursuant to Labor Code section 4064 or upon agreement by a party to pay the cost.

(d) In any case where an acupuncturist has been selected by the injured worker from a three-member panel and an issue of disability is in dispute, the acupuncturist shall request a consult from a QME defined under §1(n) to evaluate the disability issue(s). The acupuncturist shall evaluate all other issues as required for a complete evaluation.

NOTE: Authority cited: Sections 139, 139.2, 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. Renumbering of former section 32 to new section 30.5 and renumbering and amendment of former section 32.5 to section 32 filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).