California Regulations 40 47
From Wcc
§ Article 4 - Evaluation Procedures - Disclosure Requirements: Unrepresented Workers
(a) A QME shall advise an unrepresented injured worker prior to or at the time of the actualevaluation of the following: (1) That he or she is entitled to ask the QME and the QME shall promptly answer questions aboutany matter concerning the evaluation process in which the QME and the injured worker areinvolved; (2) That subject to Section 41(e), the injured worker may discontinue the evaluation based ongood cause. Good cause includes discriminatory conduct by the evaluator towards the workerbased on race, sex, national origin, religion, or sexual preference, and instances where theevaluator requests the worker to submit to an unnecessary exam or procedure. (b) When required as a condition of probation by the Council or his/her licensing authority, theQME shall disclose his/her probationary status. The QME shall be entitled to explain anycircumstances surrounding the probation. If at that time, the injured worker declines to proceedwith the evaluation, such termination shall be considered by the Council to have occurred forgood cause. (c) If the injured worker declines to ask any questions relating to the evaluation procedure as setforth in Section 40(a), and does not otherwise object on the grounds of good cause to the examproceedings under Section 41(a) during the exam itself, the injured worker shall have no right toobject to the QME comprehensive medical-legal evaluation based on a violation of this section. |
