The WCJ held that after applicant failed to schedule the PQME appointment, the defendant waived their right to a PQME when they failed to make the appointment themselves. The WCAB reversed. Applicant is responsible for making the appointment.
Franco v. Clougherty Packing (BPD) (2014 Cal. Wrk. Cop. P.D. LEXIS 194):
The WCJ held that defendant by failing to schedule medical evaluation with PQME waived their right to have applicant evaluated by the PQME.
The WCAB reversed and indicated defendant did not waive its right to have applicant evaluated by the QME for failing to set the exam when defendant timely objected to the treating physician’s permanent and stationary report and pursuant to LC§ 4062.2 (d), it is the represented employee’s responsibility to schedule evaluation with either agreed or qualified medical evaluator.
Defendant requested at the mandatory settlement conference that a qualified medical evaluation be scheduled but applicant did not arrange for such valuation.
Defendant timely objected to declaration of readiness to proceed filed by applicant because it was based solely on the report of the PTP and that pursuant to LC § 4061 (i), the matter should not be set for a mandatory settlement conference and trial based on applicant’s declaration of readiness to proceed filed before applicant was evaluated by a QME.