Where this sits
- TITLE 8. INDUSTRIAL RELATIONS DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 1. DIVISION OF WORKERS' COMPENSATION-QUALIFIED MEDICAL EVALUATOR
- Article 10.5. QME Process Forms
The regulation, as printed
The statute above this rule
Every regulation names the Labor Code it was written under. This is where the two halves of the law meet.
ImplementsLabor Code § 4060Labor Code § 4061Labor Code § 4062Labor Code § 4062.1Labor Code § 4062.2Labor Code § 4064Labor Code § 4067
Authority and history
Note: Authority cited: Sections 53, 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4064 and 4067, Labor Code.
1. New section filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15). For prior history see Register 94, No. 31. 2. Amendment of section heading, repealer and new section and new Note filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3). 3. Repealer and new Form 109 filed 9-16-2013; operative 9-16-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 38). 4. Amendment filed 8-12-2015; operative 9-1-2015 pursuant to Government Code section 11343.4(b)(3) (Register 2015, No. 33).
What panels did with this rule
Released decisions that named § 109, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ15748945 · 2022-08-29 · Long Beach District Office8 CCR § 109
Determinative passage · p.6From there, Defendant appears to undertake no further action on this claim until Applicant Attorney again files a DOR to Expedited Hearing, which resulted in the trial at issue on body parts and temporary disability.9 The DOR is dated May 16, 2022 and Defendant's Attorney objects to the Dr. Abrams report on May 18, 2022. The objection is nearly two weeks after Defendant's receipt of said report, albeit timely, but seemingly prompted by Applicant's claim for temporary disability benefits, i.e., the DOR. This does not appear to be diligent compliance with the duty to investigate in good faith as Defendant appears to merely be responding to actions set forth by Applicant's Attorney. Defendant instead seems to be only preparing objections and defenses on this claim to date and arguing that Applicant has not met their burden of proof, which violates the regulations.10
Defendant failed to investigate claim diligently and delayed discovery, which was weighed against them in denying the Petition.
Official decision · page 6 →
Rules beside this one
Article 10.5. QME Process Forms — regulations rarely stand alone, and the answer is often two sections away.
- § 105The Request for Qualified Medical Evaluator Panel - Unrepresented Form.
- § 108The Qualified Medical Evaluator Panel Selection Instruction Form.
- § 110The Appointment Notification Form.
- § 111The Qualified or Agreed Medical Evaluator Findings Summary Form.
- § 112The QME/AME Time Frame Extension Request Form.
- § 113Notice of Denial of Request for Time Extension Form.