What is a QME Exam
  What to Expect
  Prepare for your QME Exam
  About Scheduling your QME
  QME FAQ
  CA Work Comp References
  Keller Chiropractic
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Dr. Daniel Buch, BS, DC, QME
QME and AME Examinations available in several East Bay Cities
QME and AME Scheduling Phone:

510-352-8016

Business Correspondence:
4400 Keller Avenue, Suite 250
Oakland, CA 94605
(510)-577-0255

Send Email to: danbuch@pacbell.net
View Dr. Buchs'Curriculum Vitae
Developer of the California Medical Legal Utility - Software for QME's

This Page presents background information regarding California Workers' Compensation and is not intended as a substitute for legal counsel. 
If you require further information contact either the California Workers' Compensation Office of Assistance,
or seek legal representation from a Workers' Compensation Attorney in your area.

 
What is a QME Evaluation?                                                                                                                      Back to Top

A QME examination / evaluation is performed by a "Qualified Medical Evaluator".  The QME is is a physician licensed in California who has passed all requirements set forth by the California Workers' Compensation Medical Unit.  A QME may be a M.D., D.C., D.O., D.D.S., D.P.M., or Ph.D. 

also see:
The Division of Workers' Compensation Frequently Asked Questions

California State Law provides for the regulation and resolution of disputes regarding work related injuries. If you have been injured at work, your employer or their insurance carrier may dispute your injury, or you may disagree with the findings of your medical provider.  In either event, California Law provides for either side to receive an unbiased medical examination by a QME to help determine the facts of the case. You may also request a QME examination if your employer or their insurance carrier have denied your claim of injury.

Either party may contest the findings of your treating doctor.  Here are two examples of a possible dispute leading to a QME examination:

1) If your injury has resulted in a permanent loss of your work capacity your employer/insurer may dispute the disability findings of your treating doctor. You may then be asked to submit to a QME examination.

2) If YOU disagree with the findings of your treating physicians permanent and stationary report, you may request a QME examination from the California Workers' Compensation Medical Unit.  You may also request a new QME if you disagree with the findings of a QME which the insurance carrier had you undergo.

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What to Expect during your QME Examination?                                                                                    Back to Top

The examining physician should not show any bias toward you or the insurance carrier.  Because of this you may feel that the QME is being a little distant with you.  Understand that this appearance of distance is needed in order to protect the unbiased nature of the examination.

Don't be surprised if the doctor spends a great deal of time with you in taking the history.  Often the entire case and your current condition can only be assessed by a very thorough history.  There may be details in particular of which the doctor has been asked to address.  Do your best to take your time and answer any questions as honestly as you can remember.  Words means a great deal during the history. Try to stay calm and remember that the doctor is merely trying to establish the facts as best as possible.

The physical examination may also be somewhat lengthy.  Measurement of range of motion, strength, orthopedic tests and neurologic tests will probably be performed.  New laws enacted in 2004 will require that QME physicians use some additional methods to evaluate your condition. These new methods will no doubt increase the time spent during the evaluation.  In some cases special tests may need to be ordered like MRI's, CT Scans and additional tests. Such additional tests will only be required if the doctor is unable to render an opinion unless such tests are obtained.

Remember; the QME examination and the system which regulates the QME process is intended to protect all parties from biased or unfair treatment.  I think it is fair to say that the majority of QME doctors try their best to be unbiased and to render opinions based on the facts presented.

Before and after the QME examination, you or the insurance carrier should not contact the QME, unless doing so by mail with each party of the case receiving a copy of the communication. Again, this is intended to protect the unbiased nature of the report. If the QME must contact you regarding any missing case information, he/she will have his/her office contact you.

 

How to Prepare for your QME Examination                                                                                                                           Back to Top

After scheduling your QME examination, your examining QME doctor may send you a questionnaire for you to complete regarding your history, treatment and current status.  Please fill this out this and any other paperwork as completely and accurately as possible, PRIOR to your visit.  Do not wait until the day of the examination to do this, as often the questionnaire is quite long.  Don't let your exam be determined by partial fact and brief answers.  

As a QME for many years, I try to make sure all issues concerning your case are covered. Completing your history completely helps me fully consider the questions raised by your case. To the best of your ability, make sure you give complete answers to all questions. Often, you are the only source of information.

You should also have received a DEU form 100 "Employees' Disability Questionnaire".  Make sure to fill this out and bring it with you to your examination. 

 

About Scheduling your QME Examination                                                                                                 Back to Top

After you have requested a QME examination from the State of California, you will be sent a form on which you will specify which specialty you wish to have examine you.  This may be a chiropractor, and orthopedic surgeon etc.  Select which specialty you prefer. 
You may ask your treating physician for his or her advise on which specialty to select. 


After you file this form with the Dept. of Workers' Compensation, they will then send you a list of either 3 QME's in your area, or (depending on your case) a list of many QME's in your area. 
You may ask your treating physician for advice on which QME you select. 

 

 QME FAQ         Also see: Division of Workers' Compensation Frequently Asked Questions      Back to Top

1) Do I Need and Attorney to Handle my Workers' Comp Case?

A. You do not need an attorney in order to secure a QME examination or to protect your rights under the California Workers Compensation system; however, depending on your case, the severity of the injury, the duration of the case, extenuating circumstances and other factors which may make your case difficult to handle by yourself, you may benefit from having a workers' compensation attorney representing you.  As a treating chiropractic physician I have found that if my patients are overly worried about legal issues, loss of income etc., they may neglect the primary concern which is restoration of health, decreased pain and increased function.  In such circumstances, I recommend that the patient seek legal representation.

 

2) Do QME's Work for the Insurance Company?

A.  QME's DO NOT work for or represent the insurance companies.  QME's are duty bound to act in a professional and unbiased manner.  The California Workers' Compensation Medical Unit. which oversees the conduct of QME physicians has strict guidelines which help ensure that QME's remain unbiased.  If you ever suspect that you have been treated unfairly or in a biased manner, you should report the incident to the DWC Medical Unit.  Bear in mind that your QME may render an opinion that differs from what you expected, that does not automatically mean that the QME was biased.

 

3) I told the QME doctor that I was hurting all the time, and that I was in severe pain, but the report says I do not hurt that badly.  Why did the QME not write what I told him/her?

A. The words used to describe an injured workers pain are very important.  California has mandated that QME's use very specific words to describe pain.  Also bear in mind that "constant severe pain" is in actuality so debilitating as to render that person totally disabled; incapable of even the simplest of tasks. (constant severe pain may imply that the patient is on constant narcotic medication etc.)  The QME is no doubt not lying. The QME is trying to accurately describe your subjective pain complaints using the accepted terminology.  In addition, it is the QME's job to render his or her opinion regarding your subjective complaints.  The patient may overstate OR understate their pain levels.  The QME uses all of the information available to render an opinion regarding the level of pain.

2004 law changes will also change the methods used by the QME doctor. Your descriptions of your pain will no longer be the determining factor in the outcome of your dispute. California law will require QME doctors to use the methods described in the "AMA Guides to the Evaluation of Impairment" to determine your impairment status. Your QME MUST utilize these new methods when conducting first time medical legal evaluations after January 1, 2005.
(if you had a report prepared prior to January 1, 2005 and you are returning for a second evaluation, your QME may use the pre-2005 methods to prepare your report.)

 

Workers Compensation References                                     Back to Top

Division of Workers' Compensation Medical Unit (if you are an injured worker in California and have questions this is the place to start)

The Division of Workers' Compensation Frequently Asked Questions

Division of Workers' Compensation (DWC)

Workers' Compensation Appeals Board (WCAB)

Department of Industrial Relations DIR Home Page

 

 

 

 

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  -Copyright 2004 DSB

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