When there is a dispute concerning temporary disability, permanent disability or permanent and stationary status as part of your workers’ compensation claim, this will be addressed by a doctor selected from a panel of qualified medical examiners requested by yourself or the carrier. How does the panel process work if there are multiple claims?
If there are multiple claims, filing more than one DWC-1 Claim Form or Applications for separate injury dates, you are entitled to separate panels. The Labor Code requires all medical-legal evaluations be obtained as required under Labor Code Section 4062.1 or 4062.2, which dictates an qualified medical evaluator discuss all medical issues arising from the reported claims of injury at the time of the evaluation. There is no directive that requires an injured worker to return to the same evaluator for subsequent claim of injury. (Navarro v. City of Montebello, 79 CCC 418).
This means that if you have multiple claims, you can be entitled to separate medical-legal evaluations by a qualified medical examiner. This is a complex area of the law, and there are a number of factors that go into strategy decisions when it comes to medical/legal exams.
If you have any questions about your workers’ compensation injury and want to talk to an attorney in Fresno, please call (559) 408-7436 or fill out the form to the right.
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