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

§36. Summary Form for Comprehensive Medical-Legal Evaluation Performed Pursuant to Labor Code Section 4061 by QMEs or AMEs; Service of Form and Evaluation.

(a) Upon completion of either a comprehensive medical-legal evaluation or follow-up medical legal evaluation as defined under Section 9793(f) of this Title, of an unrepresented employee, the evaluator shall complete the QME/AME Findings Summary Form in Section 111. The Form shall not be required for a supplemental medical legal evaluation under 9793(k) of this Title. The evaluator shall serve the comprehensive medical-legal evaluation, the summary form, and DEU forms 100 and 101 on the employee, and the claims administrator, or if none, the employer, as well as the appropriate local DEU office within the time frames specified in Section 38.

(b) If an evaluation is completed under subsection (a) for an unrepresented employee, in which the QME determines that the employees condition has not become permanent and stationary as of the date of the evaluation, the parties shall request any further evaluation from the same QME if the QME is currently an active QME and available at the time of the request for the additional evaluation. If the QME is unavailable, a new panel may be issued to resolve any disputed issue(s). If the evaluator is no longer a QME, he/she may issue a supplemental report as long as a face-to-face evaluation (as defined in section 49(b) of these regulations) with the injured worker is not required. In no event shall a physician who is not a QME or no longer a QME perform a follow up evaluation on an injured worker.

NOTE: Authority cited: Section 139, Labor Code. Reference: Sections 4060, 4061 and 4062, Labor Code; and 8 CCR 10161.

HISTORY

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

2. Amendment of section heading, section and Note filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).