The Romero Case: Fighting for the Right QME Panel
A Success Story for Attorney Jonathan Brand
Obtaining an accurate and fair evaluation of a workplace injury by a qualified medical evaluator (QME) can be a difficult process. Such assessments are highly relied upon by insurance companies in determining how much workers' compensation an injured employee is entitled to receive. Without a proper evaluation, a worker may not receive adequate compensation. In October of 2006, attorney Jonathan Brand was able to successfully assist a client, last name Romero, in demanding a new QME panel consistent with the medical area of practice related to her injury.
Details of the Romero Case
The case began when Romero received an injury to her neck and upper extremities at her workplace, an injury claim that was sustained by a workers' compensation judge (WCJ). While Romero was issued a QME panel by the Division of Workers' Compensation's Medical Unit, she found the panel to be inappropriate to her needs and therefore requested the issuing of a new panel consisting of chiropractors.
The defendant contended Romero's request, arguing that Romero should instead be evaluated by an orthopedic surgeon of their choosing. At the time Romero was issued the panel, she had no legal representation. She also chose a physician from that panel. Because of these two details, as well as the fact that she had since acquired an attorney, the defendant argued that she was ineligible for requesting a new QME panel under Labor Code sections 4062 and 4062.1.
As Romero's representation, attorney Jonathan Brand set out to build a case and defend Romero's right to request a new panel. By arguing that Romero had indeed chosen from the initial QME panel, but had never made an appointment or visited said physician, he held that sections 4062.1 and 4062.2 of the Labor Code were not applicable. Also, Romero's other actions-objecting the medical treatment recommended by her initial treating physician, requesting a QME, and being issued a QME-were not contested. In the end, the order to remove the WCJ's original order (to issue Romero a new QME panel) was denied. As a result, Romero's case was won and she was able to choose from a QME panel of chiropractors.
Walnut Creek Workers' Comp Attorney Jonathan Brand Could Represent You
If you are faced with a difficult QME panel situation-or any other kind of workers' compensation, personal injury, or crossover case-call Brand Peters LLP right away and schedule a consultation. With 60 combined years of legal experience, our attorneys could aggressively and skillfully fight for your rights in a workers' compensation case. By providing you with a straightforward case evaluation, answering your questions, and representing you with honesty and integrity, he could win you the compensation you deserve.
Don't hesitate to get proven and competent representation in your workers' comp dispute. Contact a Walnut Creek workers' comp lawyer today by calling Brand Peters LLP.
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