The California Workers’ Compensation Appeals Board said a trial judge incorrectly ordered a replacement qualified medical evaluator for a represented worker because the first provider selected was not available within 120 days.
The WCAB said in an en banc decision published Monday that judges are not required by law to order a replacement panel in a represented case when the QME isn’t available for an exam within 120 days.
As a result, the WCAB said it has authority only to decide whether a replacement is appropriate.
“In a represented case, the Labor Code expressly allows...
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