4062 Objection Spiel

I have received your objection to treatment letter dated 01-30-06 on 02-01-06. In this letter you objected to all treatments based on a report from the patient's prior primary treating physician, Dr. Gregory Horner, M.D. (which you failed to include). I have reviewed this letter with the patient, and he objects to this determination per Labor Code section 4062. Therefore, per Title 8 CCR section 9785(b), please initiate the panel QME process since this injured worker is not represented by an attorney. If we do not receive a response from you within five working days, we shall petition the DWC medical unit for a panel of three QME doctors as allowed by Labor Code section 4062.1(b), which states:

“If either party requests a medical evaluation pursuant to Section 4060, 4061, or 4062, either party may submit the form prescribed by the administrative director requesting the medical director to assign a panel of three qualified medical evaluators in accordance with Section 139.2.” (emphasis added.)