Authorities as the decision cited them, with how this panel applied each one.
Cal. Code Regs., tit. 8, 41(a)(4)
AD Rule 41(a)(4) prohibits QMEs from treating or soliciting to provide medical treatment to the injured worker.
Dr. Kim's prescription of narcotic medication violated this rule, leading to disqualification.
From the decision · page 1Applicant seeks removal of the Findings and Order (F&O) issued on July 22, 2025,
wherein the workers' compensation administrative law judge (WCJ) found that (1) while
employed as a professional athlete during the period of June 16, 2004 through July 15, 2010,
applicant claims to have sustained injury arising out of and in the course of employment to the
shoulders, elbows, wrists, hands, fingers, thoracic spine, lumbar spine, cervical spine, hips, feet,
ankles, knees, and head; (2) at the time of injury, the employer's workers' compensation earner was
Ace American Insurance, administered by Sedgwick Claims Management Services, Inc.; (3) Dr.
David Kim is disqualified as the Qualified Medical Examiner (QME) for violating AD Rule
41(a)(4); and (4) the reports of Dr. Kim can be sent to a subsequent examiner.
Cal. Code Regs., tit. 8, 41.5(d)(4)
A disqualifying conflict of interest exists where a QME's actions raise reasonable doubts about their ability to act with integrity and impartiality.
Dr. Kim's undisclosed treatment caused reasonable doubt about his impartiality, justifying disqualification.
From the decision · page 1Applicant seeks removal of the Findings and Order (F&O) issued on July 22, 2025,
wherein the workers' compensation administrative law judge (WCJ) found that (1) while
employed as a professional athlete during the period of June 16, 2004 through July 15, 2010,
applicant claims to have sustained injury arising out of and in the course of employment to the
shoulders, elbows, wrists, hands, fingers, thoracic spine, lumbar spine, cervical spine, hips, feet,
ankles, knees, and head; (2) at the time of injury, the employer's workers' compensation earner was
Ace American Insurance, administered by Sedgwick Claims Management Services, Inc.; (3) Dr.
David Kim is disqualified as the Qualified Medical Examiner (QME) for violating AD Rule
41(a)(4); and (4) the reports of Dr. Kim can be sent to a subsequent examiner.
Cal. Code Regs., tit. 8, 31.5(a)(13)
Petition for removal of a QME may be granted if there is a disqualifying conflict of interest as defined by AD Rule 41.5.
The petition was evaluated under this standard and denied as removal was not warranted.
From the decision · page 1Applicant seeks removal of the Findings and Order (F&O) issued on July 22, 2025,
wherein the workers' compensation administrative law judge (WCJ) found that (1) while
employed as a professional athlete during the period of June 16, 2004 through July 15, 2010,
applicant claims to have sustained injury arising out of and in the course of employment to the
shoulders, elbows, wrists, hands, fingers, thoracic spine, lumbar spine, cervical spine, hips, feet,
ankles, knees, and head; (2) at the time of injury, the employer's workers' compensation earner was
Ace American Insurance, administered by Sedgwick Claims Management Services, Inc.; (3) Dr.
David Kim is disqualified as the Qualified Medical Examiner (QME) for violating AD Rule
41(a)(4); and (4) the reports of Dr. Kim can be sent to a subsequent examiner.