the insurance co. objected to our declaration of readiness to proceed . they said the wanted a supplement to the QME report and said they wo...

Question

the insurance co. objected to our declaration of readiness to proceed . they said the wanted a supplement to the QME report and said they would be sending the QME more documents both medical and legal can they do this ? don't they have to sent me a copy of what they send the QME?

Answer

Technically, everything that is going to a QME is supposed to go to the injured worker 20 days prior to going out to the QME. AND IF the documents should have been obtained prior to the QME evaluation -- the reports/records existed before the QME appointment -- and the adjuster just didn't get around to subpoenaing them or getting them copied timely, you can object. IF THE RECORDS are of treatment and studies done after the QME appointment -- making it impossible to get those to the QME prior to the evaluation -- the judge is going to permit the QME to see them. If the adjuster could have obtained these records -- you signed and returned all records releases timely -- and just didn't do her job timely, INSIST on a trial date and request sanction$ (financial fines) for tactics designed solely to harass and delay as per Labor Code 5813.