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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 114728
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a question about workers' compensation. I was injured

Customer Question

I have a question about workers' compensation. I was injured while employed as a caregiver in California. During the Qualified Medical Exam (QME), I was injured. I informed the QME that I was in pain during his exam, but he said I must continue the test (isometric using a JTECH machine)until the computer sounds off. When I could not bear the pain any longer, I quit. Also, I refused to participate in one of his test due to fear of injuring my knees, which was hurting already. The QME mentions the above in his QME report. In fact, the test I quit was typed in bold letters. Unfortunately, I was injured and know require surgery for a SLAP tear in my left shoulder. In April 2016, the defense counsel requested a supplemental report from this QME. The QME stated he did not know I was in pain, I did not tell him I was in pain and I did not refuse to participate in any part of his exam. He stated he reviewed his reports and signed this letter under the penalty of perjury. In November 2016, he said the same thing that he was unaware that I was in pain, yet his QME report states he was aware. In fact what he typed in bold letters is the following:'strength deficit is pain related'. This occurred in 2013. I know it's to late to sue for malpractice since it occurred more than one year ago. My questions are did he commit perjury and is the workers' comp insurance representing my former employer, responsible for being injured? Also, what is the penalty if he committed perjury and what can I do? I am in pro per. Thanks!
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
These QME are quack doctors who cannot make money in any other way than being a whore for insurance companies. You can defeat him and his claims by having your treating physician testify that based on the test he was conducting and your injury there was no way a reasonably trained doctor could not know you were in pain and prove that his claims that you did not complain of pain are false and impeach his testimony on the stand when he is testifying. If he committed perjury then you ask the court for sanctions against him for money damages.
Because of the conduct you describe here, I would suggest you reconsider your pro per status, because impeaching an alleged expert's testimony is complex for even an attorney, doing this pro per can be dangerous to your case. You are going to have to put your treating physician on the stand to testify that essentially the QME was negligent in testing of you and that show how he could not have been unaware you were in pain.
Also, based on his conduct, you want an attorney involved because you may also have a claim of malpractice against the QME for him causing further injury during the examination, which would be negligence, then lying about it which would potentially also be unfair and deceptive business practices.