Q: What if the Med Legal doctor has not released my report in a timely manner?
There are a few options an injured worker has if the AME/QME doctor (Med Legal doctor) has not released their report in a timely manner, and it would be an good idea to consult with your attorney to help determine the best course of action for your particular case, as this issue is likely to further delay the progress of your case, regardless of the choice of action taken. The next usual courses of actions are:
-Your attorney could set the deposition of your Med Legal doctor to obtain the needed information directly from the physician in his or her own verbal testimony
-Your attorney could consider filing Motion to Compel with the DWC, in which the Med Legal doctor would be on formal notice to produce the required report or face possible sanctions or other attorney and court penalties
- Ultimately the Med Legal doctor could be disqualified on your case and a new Med Legal physician would need to be sought out and the whole Med Legal Process would need to start over
Obviously, none of these options are ideal for an injured workers case, so it is best to try and be patient, within reason if at all possible, with the original Med Legal doctor on your case.