Tag Qualified Medical Evaluator

Tag Qualified Medical Evaluator

Ex Parte Communication With AME Or QME

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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.

QME Opinion on Permanent Disability

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Regarding A QME opinion on Permanent Disability

The opinion of a QME (Qualified Medical Examiner) is not controlling on the issue of permanent disability. A WCJ (Workers Compensation Judge) can follow the opinion of a PTD (Primary Treating Doctor) or an AME (Agreed Medical Examiner) in deciding the level of permanent disability or the issue of apportionment based on which opinion constitutes substantial medical evidence.

For a medical opinion on apportionment to constitute substantial evidence, a medical opinion must be framed in terms of reasonable medical probability, it must not be speculative, it must be based on pertinent facts and on adequate examination and history, and it must set forth reasoning in support of its conclusions.