California - Can Kemper lower QME's rating?
What is the name of your state? California
I had a knee injury at work in 1999. I had surgery the following year. I never agreed with the original dr.'s p&s report so I had a QME evaluation in 2004. The state rated my knee injury at 69% based on the QME's report. I was never represented by an attorney, didn't need to be. There were no issues until today.
Now, June of 2005, I received a phone call from an attorney representing Broadspire (Kemper). The attorney states the rating of 69% is excessive for a knee injury. Attorney will be deposing the QME dr. in the near future to challenge his report, with the intent i'm sure of lowering the rating. The attorney also wants to conduct a job analysis! I am no longer at that place of employment, nor is anyone else there from 6 six years ago or that knows what my job function was. I asked attorney about the timing issue and why this wasn't conducted back then, her response was "we can't turn back time, just do the best we can". Do the best we can is a fluid concept. I'm afraid I am about to get screwed by the insurance company by them lowering the rating generated by the state, lessening my benefit and saving themselves money.
Can Kemper challenge the state's findings based on the QME report and take away my benefits? Is this legitimate or a scam? Does anyone have a worker's comp "shark" attorney referral for San Diego? my email is [email protected].
any help is greatly appreciated.
Can the insurance company
What is the name of your state? California
I had a knee injury at work in 1999. I had surgery the following year. I never agreed with the original dr.'s p&s report so I had a QME evaluation in 2004. The state rated my knee injury at 69% based on the QME's report. I was never represented by an attorney, didn't need to be. There were no issues until today.
Now, June of 2005, I received a phone call from an attorney representing Broadspire (Kemper). The attorney states the rating of 69% is excessive for a knee injury. Attorney will be deposing the QME dr. in the near future to challenge his report, with the intent i'm sure of lowering the rating. The attorney also wants to conduct a job analysis! I am no longer at that place of employment, nor is anyone else there from 6 six years ago or that knows what my job function was. I asked attorney about the timing issue and why this wasn't conducted back then, her response was "we can't turn back time, just do the best we can". Do the best we can is a fluid concept. I'm afraid I am about to get screwed by the insurance company by them lowering the rating generated by the state, lessening my benefit and saving themselves money.
Can Kemper challenge the state's findings based on the QME report and take away my benefits? Is this legitimate or a scam? Does anyone have a worker's comp "shark" attorney referral for San Diego? my email is [email protected].
any help is greatly appreciated.
Can the insurance company
Last edited: