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 - Evaluation Procedures
Section 40 - Disclosure Requirements: Injured Workers

Universal Citation: 8 CA Code of Regs 40

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) An evaluator selected from a QME panel shall advise an injured worker prior to or at the time of the actual evaluation of the following:

(1) That he or she is entitled to ask the evaluator and the evaluator shall promptly answer questions about any matter concerning the evaluation process in which the QME and the injured worker are involved;

(2) That subject to section 41(g), the injured worker may discontinue the evaluation based on good cause. Good cause includes:
(A) discriminatory conduct by the evaluator towards the worker based on race, sex, national origin, religion, or sexual preference,

(B) abusive, hostile or rude behavior including behavior that clearly demonstrates a bias against injured workers, and

(C) instances where the evaluator requests the worker to submit to an unnecessary exam or procedure.

(b) When required as a condition of probation by the Administrative Director or his/her licensing authority, the QME shall disclose his/her probationary status. The QME shall be entitled to explain any circumstances surrounding the probation. If at that time, the injured worker declines to proceed with the evaluation, such termination shall be considered by the Administrative Director to have occurred for good cause.

(c) If the injured worker declines to ask any questions relating to the evaluation procedure as set forth in section 40(a), and does not otherwise object on the grounds of good cause to the exam proceedings under section 41(a) during the exam itself, the injured worker shall have no right to object to the QME comprehensive medical-legal evaluation based on a violation of this section.

1. New article 4 heading and section filed 4-11-95; operative 5-11-95 (Register 95, No. 15).
2. Amendment of article 4 heading filed 4-14-2000; operative 5-14-2000 (Register 2000, No. 15).
3. Amendment of section heading, 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 and 4067, Labor Code.

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