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

§33. Unavailability of QME.

(a) A QME who will be unavailable to accept appointments to a QME panel for a period of 14 days or more for any reason, including a change of address, absent good cause including but not limited to medical or family emergency, shall notify the Medical Director by submitting the form in Section 109. The form shall be filed with the Medical Director 30 days prior to the period of unavailability. The Medical Director may, in his or her discretion, grant a notice of unavailability within the 30 day period in cases of injury or illness to the QME or his or her immediate family.

(b) It shall not be an acceptable reason for unavailability that a QME does not intend to perform comprehensive medical-legal evaluations for unrepresented workers. A QME who has filed notification for unavailability for more than 90 days during the QME fee period without good cause may be denied reappointment subject to Section 52. Good cause includes, but is not limited to sabbaticals or death of immediate family member.

(c) If an unrepresented employee is unable to obtain an appointment for an evaluation with a selected QME within 60 days after an appointment request, the employee may report the unavailability of the QME to the Medical Director. The Medical Director shall provide a replacement QME at random to be added to the employee's panel in accordance with Section 31(d). The employee may choose to waive his or her right to replacement QME and accept a later appointment with the originally selected QME or select one of the two remaining QME's on the panel.

(d) If a QME fails to notify the Medical Director, by submitting the form in Section 109, of his or her unavailability at a medical office due to a change in address for that office within 30 days of the change, the Medical Director may designate the QME to be unavailable at that location for 30 days from the date the Medical Director learns of the change in address. At that time, a certified letter will be sent to the QME by the IMC regarding his/her unavailability. If the IMC does not receive a response within 30 days of the date of certification of the letter, then the QME will be made inactive at that location.

NOTE: Authority cited: Sections 139 and 139.2, 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. Amendment filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).