Calif Code of Regulations, Section 38-(a) The time frame for an initial or a follow up comprehensive medical legal evaluation report to be prepared and submitted shall not exceed thirty (30) days after the QME, Agreed Panel QME or AME has seen the employee or otherwise commenced the comprehensive medical-legal evaluation procedure.
Ex Parte Communication With AME Or QME.
Labor Code Section 5701 precludes a party from communicating with an Agreed Medical Evaluator(AME) or Qualified Medical Evaluator(QME) on an ex parte basis. Communications must be joint until an applicant is examined by the doctor. There are strict rules about any communication with the doctor after the exam. Applicant’s should never contact the doctor. They should speak with their attorney. A d irect contact by the applicant with the AME or QME will allow the defense attorney to replace the doctor if they wish.
In Regards To Untimely Medical Reports
Labor Code Section 139.2(j)(1)(A) provides that reports from Agreed Medical Evaluator’s(AME) or Qualified Medical Evaluator’s(QME) must be submitted to the parties within 30 days. A party may object to a late report and the doctor will be removed as AME or QME as long as the objection occurs prior to the receipt of the report.
Information that a party proposes to provide to the Qualified Medical Evaluator(QME) shall be served on the opposing party 20 days before the information is provided to the Evaluator(QME). If the opposing party objects to the non-medical records within ten days, the records shall not be provided to the QME.
Communication with AME – QME
All communications with an Agreed Medical Evaluator(AME) or a Qualified Medical Evaluator(QME) before a medical evaluation shall be in writing and shall be served on the opposing party 20 days in advance of the evaluation. Any subsequent communication with the medical evaluator shall be in writing and shall be served on the opposing party when sent to the medical evaluator.
Ex parte communication with an Agreed Medical Evaluator(AME) or Qualified Medical Evaluator(QME) is prohibited.
If a party(including the applicant) communicates with the medical evaluator on an ex parte basis the defendants can select a new AME or a QME.