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In the case of Chaides v. The Kroger Company, 2016 Cal. Wrk. Comp. P.D. LEXIS --, the Panel Qualified Medical Evaluator (QME) on the case evaluated the applicant several times and issued many supplemental reports and was likely on the verge of finalizing his opinions when his deposition was set. He advised the parties that his policy was only to proceed with deposition if there was prepayment of $1,000, which had to be received at least 11 business days before the deposition. Applicant's attorney inferred from this a violation of Regulation 35.5(f) which states that a QME must make themselves available for deposition within 120 days. (The Appeals Board also correctly noted that the dollar amount requested by the doctor may have exceeded fees allowed under Rule 9795 as well.) The WCALJ on the case accepted applicant's argument and found that...
