California Code of Regulations
Title 8 - Industrial Relations
Division 1 - Department of Industrial Relations
Chapter 1 - Division of Workers' Compensation - Qualified Medical Evaluator Regulations
Article 4.5 - Minimum Time Guidelines
Section 49 - Definitions
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
The following definitions apply to this Article:
(a) Cardiovascular evaluation. "Cardiovascular evaluation" means the determination of disability due to pathological changes of the heart and/or the central circulatory system.
(b) Face to Face time. "Face to face time" means only that time the evaluator is present with an injured worker. This includes the time in which the evaluator performs such tasks as taking a history, performing a physical examination or discussing the worker's medical condition with the worker. Face to face time excludes time spent on research, records review and report writing. Any time spent by the injured worker with clinical or clerical staff who perform diagnostic or laboratory tests (including blood tests or x-rays) or time spent by the injured worker in a waiting room or other area outside the evaluation room is not included in face to face time.
(c) Medical evaluation. "Medical evaluation" means a comprehensive medical-legal evaluation as defined under section 9793 of Article 5.6, Subchapter 1, Chapter 4.5 of Title 8 of the California Code of Regulations.
(d) Neuromusculoskeletal evaluation. "Neuromusculoskeletal evaluation" means the determination of disability due to injury to the central nervous systems, the spine and extremities, and the various muscle groups of the body.
(e) Psychiatric evaluation. "Psychiatric evaluation" means the determination of disability due to psychopathology, by either a psychiatrist or psychologist following the Method of Measurement of Psychiatric Disability set out in section of Title 843 of Title 8 of the California Code of Regulations.
(f) Pulmonary evaluation. "Pulmonary evaluation" means the determination of disability due to pathological changes of the lungs and/or other components of the respiratory system.
(g) QME. "QME" means Qualified Medical Evaluator appointed by the Administrative Director pursuant to Labor Code section 139.2.
(h) Uncomplicated evaluation. "Uncomplicated evaluation" means a face to face evaluation in which all of the following are recorded in the medical report: Minimal or no review of records, minimal or no diagnostic studies or laboratory testing, minimal or no research, and minimal or no medical history taking.
1. Change without regulatory effect relocating article 4.5 heading and renumbering former section 149 to new section 49 filed 8-31-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 35).
2. Change without regulatory effect amending article heading filed 9-28-94 pursuant to section 100, title 1, California Code of Regulations (Register 94, No. 39).
3. Amendment of subsection (b) filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
4. Amendment of section and NOTE filed 1-13-2009; operative 2-17-2009 (Register 2009, No. 3).
Note: Authority cited: Sections 133, 139.2 and 5307.3, Labor Code. Reference: Sections 139.2, 4060, 4061, 4062, 4062.1, 4062.2, 4067, 4628 and 4660, Labor Code.
