Please download the following text documents support the course materials.
Life as a QME would be so easy if the parties (Claims Administrators/Examinees/Attorneys) would just tell us their agendas, and therefore tell us the information we need to do a good job in providing accurate opinions and conclusions. But, unfortunately, the parties don't tell us, and they actually withhold the information that, if we knew up front, we could quickly and easily complete our evaluations and resolve the issues in dispute. Thus, the modern QME must be a forensic sleuth, and learn how to figure out "what's missing here." In this Program, we learn how to determine the facts that each of the parties, including at deposition, are hiding from us.
Knowing what to do in the face to face evaluation BEGINS by knowing which Labor Code (4060/4061/4062) is driving the need for the evaluation. Each Labor Code deals with a different issue in dispute and, for each issue in dispute, there is a perfect and exact handling of that issue in the face to face evaluation. All of your interview questions, Physical Examination maneuvers, and even the time spent are determined IN ADVANCE - once you know which Labor Code you are operating under. In this video, learn the subtle clues that the parties don't provide you with, that will reveal to you, the "scope of the evaluation."
When we get our Cover Letters from the parties and there is referenced a 1) specific injury, and 2) a cumulative trauma injury - 99.9% of the time you know you are dealing with a "post-employment" claim. These claims are particularly clever because they take advantage of a loophole in the definition of the date of injury for CT claims. Brilliant! Unfortunately, the parties don't just come out and tell the QME evaluator that the claim was filed post-employment - we have to figure that out ourselves. Here, learn how to figure it out and then, learn the role of the Qualified Medical Evaluator in resolving disputed issues in these complex cases.
Claims for industrial injury filed after the relationship between the employee and the employer has ended (the so called "post-employment claim") are generally barred under Labor Code 3600 but, the exceptions written in to this code are so soft that approximately 30,000 such claims are filed EACH MONTH in the State of California. Here, we reveal the loopholes in the law that allow so many claims to survive the "post-termination defense."
Labor Code 3600 generally bars the filing of claims for industrial injury after the employee separates from the employer. This is the so called "post-employment" claim. But, exceptions to LC 3600 allow legitimate claims to move forward. Unfortunately, some of these loopholes can be exploited in an attempt to gain workers compensation benefits. The most profound exception has to do with the "post-employment cumulative trauma" claim for injury.
When you receive an evaluation that involves a post-employment filing of an industrial injury, the disputed issue will ALWAYS be "industrial causation" (AOE/COE). Arriving at an accurate opinion on industrial causation depends on being able to elicit truthful and accurate details from the examinee in the face to face interview. You will encounter 2 populations of examinees - those who are truthful in their reporting of a bona fide incident of industrial injury, and, those who are not. How can you distinguish which is which?
There are so many things that the parties don't tell the Qualified Medical Evaluators which, if we knew, would allows to do a much better job. The Claims Administrators hide details from us. The examinees don't tell the truth, the whole truth, and nothing but the truth. For these reasons, the QME has to become a forensic "Super Sleuth" to get to the bottom line of the issues. Nowhere is this more true than in the boiler room blind side of Depositions. In this Program, learn how to determine - IN ADVANCE - the issues of concern to the Attorneys, and they trick questions they are going to ask you at Deposition.

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