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TITLE 8. INDUSTRIAL RELATIONS
DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS
CHAPTER 1. DIVISION OF WORKERS' COMPENSATION-QUALIFIED MEDICAL EVALUATOR
Article 3. Request for Factual Correction of a Comprehensive Medical-Legal Report from a Panel QME.

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37. [Reserved]

(a) An unrepresented employee or the claims administrator may request the factual correction of a comprehensive medical-legal report within 30 days of the receipt of a comprehensive medical-legal report from a panel Qualified Medical Evaluator that is required to be filed with the DEU pursuant to Labor Code section 4061(e).

(b) A request for factual correction using the form in subdivision (f) shall be served on the panel Qualified Medical Evaluator who examined the injured worker, the party who did not file the request, and the Disability Evaluation Unit office where the comprehensive medical-legal report was served. If the claims administrator serves the request for factual correction on the Qualified Medical Evaluator, the injured worker shall have five (5) days after the service of the request for factual correction to respond to the corrections mentioned in the request. The injured workers' response shall be served on the panel Qualified Medical Evaluator and the claims administrator.

(c) If the request for factual correction is filed by the injured worker, the panel Qualified Medical Evaluator shall have ten (10) days after service of the request to review the corrections requested in the form and determine if factual corrections are necessary to ensure the factual accuracy of the comprehensive medical-legal report. If the request for factual correction is filed by the claims administrator or by both parties, the time to review the request for correction shall be extended to fifteen (15) days after the service of the request for correction.

(d) At the end of the period for the panel QME to review the request for factual correction in subdivision (c), the panel QME shall file a supplemental report with the DEU office where the original comprehensive medical-legal report was filed indicating whether the factual correction of the comprehensive medical-legal report is necessary to ensure the factual accuracy of the report and, where factual corrections are necessary, if the factual corrections change the opinions of the panel QME stated in the report.

(e) In no event shall a party file any documents with the panel QME other than the form indicating the facts that should be corrected; nor shall the panel QME review any documents not previously filed with the panel QME pursuant to Section 35 of these rules.

(f) Request for Factual Correction of an Unrepresented Panel QME report form. [Form 37]
NOTE: Form referred to above is available at no charge by downloading from the web at www.dir.ca.gov/dwc/forms.html or by requesting at 1-800-794-6900.

Note: Authority cited: Sections 133 and 4061, Labor Code. Reference: Section 4061, Labor Code.

HISTORY

1. New section and new QME Form 37 filed 12-31-2012 as an emergency; operative 1-1-2013 pursuant to Government Code section 11346.1(d) (Register 2013, No. 1). A Certificate of Compliance must be transmitted to OAL by 7-1-2013 or emergency language will be repealed by operation of law on the following day. For prior history, see Register 2009, No. 3.

2. New section and new QME Form 37 refiled 7-1-2013 as an emergency; operative 7-1-2013 (Register 2013, No. 27). A Certificate of Compliance must be transmitted to OAL by 9-30-2013 or emergency language will be repealed by operation of law on the following day.

3. Certificate of Compliance as to 7-1-2013 order, including amendment of subsections (a), (b) and (f), transmitted to OAL 8-2-2013 and filed 9-16-2013; amendments operative 9-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 38).

 

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