What would happen? if I don´t go to the QME appointment or cancel it by own
I am really confuse about that happens and very tired from the Workers Comp. I made an QME appointment. Now I am thinking seriously to cancel this or not to appear to this QME app. What would happen? if I dont appear and let the claim fall. Of course I hired an attorney but I am really tired from spying on me ( Workers Comp and my employer) and concerning about my future and will not have any problem with Works comp. Would the attorney demand from me fees for that what I want to do? What would happen if I quit my job? (to reduce the stress) would continue to pay me TTD the works Comp( One part of my Claim has been accepted other one been denied)
I'm not sure what advantage you gain from not going to the PQME evaluation. It seems to me you want to keep your case moving forward so you can get it over with...and with a successful resolution. If you cancel the appointment I would expect the defense attorney to file a motion to compel your attendance. If you fail that appointment I would expect the defense attorney to file a motion to dismiss your case. If that is successful, you're done....no more money,no more medical care, no more nothing. How does that help you?
If the case is dismissed, your attorney would be entitled to 15% of nothing....or zero fees.
Spying on you is not normally done by insurance companies. It is very expensive and usually results in nothing. It does, however, happen on occassion. if you think someone is spying on you, you could call the police and complain that someone is stalking you. Let the police deal wilth the investigator.
You've come this far in your case, why not see it through. In the end, it will cost the insurance company some money to resolve your case and isn't that the best way to teach them a lesson?
Since you have an attorney, you should be discussing these concerns with your attorney.
Good luck.
If you CANCEL the QME, the defense attorney will likely as the WCAB Judge for an order to 'compel' you appear.
Attending the QME appointment WILL NOT stop the 'spying' to which you refer. If the Insurance Company and employer think they can get film or witnesses of you aggressively using your injured body part, they will continue until the claim is concluded.
IF YOU JUST FAIL TO APPEAR the QME doctor will send an expensive bill, maybe $600, to the Insurer. The Insurer will send the bill to you. So it's very unprofessional and expensive to leave the QME appointment on calendar and not attend.
"Would the attorney demand from me for that what I want to do?" WHAT DO YOU WANT TO DO? I cannot tell from this.
WHAT WOULD HAPPEN/ IF I DONT APPEAR AND LET THE CLAIM FALL? If you cancel the appointment, the defense will reschedule it. If you dont cancel and dont attend, the defense will send you a big bill.
IF YOU HAVE HAD TREATMENT from doctors based on your promise that you are pursuing Workers' Compensation benefits then you break that promise, you could end up with THOUSAND$ in bills from those doctors who relied on your promise that you had a work injury and you were pursuing your rights and treatment under the Labor Code.
It is unfair and unreasonable to 'walk away' from a Comp Claim and leave those therapists and xray facilities and doctors with no way to get paid.
If you have seen no doctors at all or if you are certain every place you've been has been fully paid, only then can you withdraw your Claim Form or request a dismissal of your claim. I don't think the attorney would bill you, but don't expect the attorney to help you get your claim dismissed because you took up hours and hours of his time and he won't be getting any payment for all those hours, so he won't have any reason to help you get the claim voluntarily dismissed.
WHAT WOULD HAPPEN IF I QUIT MY JOB? yOU'D be unemployed when you are permanent & stationary and lose out on the 15% increase if the doctor wrote your disability stopped you from returning to all pre-injury work duties.
You would get TTD until you failed the QME appointment; the TTD would be suspended until you attended the QME appointment. IF the QME doctor or another doctor writes you can return to Modified Duty and you've quit the job, all payments stop.
if you quit your job, you will be denied Unemployment Insurance when you are done with treatment and can't find work. Quitting your job now is a really bad idea.
Given you have an attorney, these questions should have been addressed by that attorney; if you have an attorney you can't address, you need to switch attorneys.
