Selecting a QRR Does the Choice Matter?

Saturday, April 26, 2003 | 0

Some applicant attorneys and claim examiners adamantly insist on using only certain counselors. Others maintain that the choice of QRR doesn't matter - the plan will cost $16,000 regardless of the QRR selected so why bother negotiating or disputing a particular choice? Who is right?

L. C. section http://www.workcompcentral.com/1/premium/laborcodes/laborcode2.htm?&masterlink&id=4637>4637(a)(5) & 4640 require the parties to agree on the selection of a QRR so neither the applicant nor the defendant should take an adamant position on a particular counselor. If the parties are unable to agree, the dispute must be submitted to the Unit pursuant to CCR section 10127.2; the Unit will then appoint an independent vocational evaluator (IVE). The IVE will manage the case from that point forward; the parties are forbidden to initiate contact with the IVE without specific permission from the Unit Consultant (see CCR section 10127.2(e)).

So, does the choice really matter? Even the IVE can't spend more than $16,000. I happen to believe choosing a capable, qualified counselor is important to both parties. Good counselors practice effective communication and keep all parties informed regarding case progress and potential problems. They submit regular reports. They recommend informal conferences to resolve small problems before they become crises. Good counselors quickly steer injured employees away from medically inappropriate goals. They engage in creative problem solving. They use time effectively and find ways to engage injured workers in the plan development process. These practices benefit both the employee and the insurer/employer; the injured worker gets more out of the process and both the applicant attorney and claims adjustor know how the case is proceeding - they don't have to guess.

There are other reasons to select particular counselors - language skills, ability to work with certain disabilities (e.g., spinal cord injuries, psychiatric injuries), or knowledge of specific industries. Too often, attorneys and claims examiners argue over the choice based on whether a particular counselor is "applicant-oriented" or "defense-oriented." How the counselor is "oriented" isn't the issue. Does the counselor have the skill, experience, and fortitude to keep the employee focused on the timely selection of an appropriate vocational goal? Does the counselor communicate timely with all parties? Does the counselor address and resolve small problems before they become crises? It doesn't matter who makes the recommendation - pick the counselor who regularly gets the job done.

Contributed by vocational rehabilitation expert Allan Leno, Leno & Associates, (818) 370-8859 mailto:allanleno@leno-assoc.com.