Where this sits
- TITLE 8. INDUSTRIAL RELATIONS DIVISION 1. DEPARTMENT OF INDUSTRIAL RELATIONS CHAPTER 1. DIVISION OF WORKERS' COMPENSATION-QUALIFIED MEDICAL EVALUATOR
- Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure
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 § 4064
Authority and history
Note: Authority cited: Sections 133, 139.2, 4061, 4062, 4064, 5307.3, 5703 and 5703.5, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2 and 4064, Labor Code.
1. New section filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
What panels did with this rule
Released decisions that named § 32.6, with the passage each turned on. A panel decision persuades; it does not bind.
- ADJ11969576 · 2023-09-12 · Van Nuys District Office8 CCR § 32.6
Determinative passage · p.6Here, the parties dispute the need for an additional QME panel in internal medicine so there is no joint agreement on the need for an additional evaluator in a different specialty. However, we conclude that good cause exists for a QME in internal medicine. Applicant claimed industrial injury to her arm, back, circulatory system, worsening of hypertension, and blood infection. (FA&O, Findings of Fact 1 & 2.) PTP Dr. Mahboubian recommended a specialty referral for an internal medicine evaluation and treatment. (Ex. 2, pp. 1-3; Ex. 3, pp. 1-2.) Although AME Dr. Newton was aware of applicant's other claimed injuries (Ex. X1, p. 3, 7-8; Ex. X3, pp. 3-5; Ex. X4, pp. 22-23), he failed to address these contested medical issues or advise the parties of any disputed medical issues outside of his scope of practice and area of clinical competency as required. (Cal. Code Regs., tit. 8, § 35.5(c)(1), (d); Gill (Amarjeet) v. County of Fresno (2021) 86 Cal.Comp.Cases 609, 621 ["In the event that there are disputed medical issues in either claim that [QME] Dr. Lin is unable to address, it is incumbent on the QME to address those issues he is able to address and to advise the parties of any disputed medical issues outside of his scope of practice and area of clinical competency."].)
The Appeals Board applied these rules to find good cause for an additional QME panel in internal medicine due to the orthopedic AME's failure to address all disputed medical issues.
Official decision · page 6 →
Rules beside this one
Article 3. Assignment of Qualified Medical Evaluators, Evaluation Procedure — regulations rarely stand alone, and the answer is often two sections away.