[medhmb]

My question involves workers compensation law for the state of: California

Question first - how long does the State have to issue a QME after receiving a request for one from your attorney?

Summary - I was injured back in July 2008 at work. I was misdiagnosed as having an inguinal hernia and went through surgery, paid for by my employers workers comp. insurance company. However, the pain persisted. I demanded an MRI be done, which the company's WC paid for, however, they denied the claim instantly. I have been in horrendous pain ever since, and collecting SDI. My condition has gotten terribly severe. I've had to take our costly private Health Insurance, which has excluded everything related to my condition. I have been paying cash to see a number of doctors, none of whom seem to want to help. One did tell me I had severe arthritis in my hip, another said it was degenerative hip disease. I FINALLY got the MRI REPORT from the clinic 2 weeks ago and learned that I have a labral tear and from what I have read on this, it only makes sense that my condition has become so severe, I am hardly able to walk.

I have an attorney and have been fighting the WC denial the entire time; however, we do not even have an examination from an AME or QME. He sent a letter to the state back in November and never got a response. He just sent another copy and said they have no definite timeframe in which they must respond. He expects my case to take up to 3 years...! I read that when you request a QME without an attorney, they must respond within 15 days or you can select your own - is this true even when you have an attorney? I wonder if my attorney knows what he's doing. I've pleaded with him to push things along, as I need medical attention NOW, but they do not sense the urgency as they are not injured.

I would like to know if there is a timeframe that the state has to issue a QME, even when its your attorney requesting and when the case was denied by the employer. I no longer work for the company as I am unable to work at all. My income is running out, I am in severe pain every single day and cannot go on like this any longer. Please help!

[Mr. Knowitall]

You can read the regulations here, and more specifically here.