California Code of Regulations › Title 8 - Industrial Relations › Division 1 - Department of Industrial Relations › Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations › Article 3 - Assignment of Qualified Medical Evaluators, Evaluation Procedure › Section 37 - Request for Factual Correction of a Comprehensive Medical-Legal Report from a Panel QME

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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-JUN 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]
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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.
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).
Note: Authority cited: Sections
						133 and
						4061, Labor
						Code. Reference: Section
						4061, Labor
						Code.