Legal Question in Workers Comp in California

Re: Agreed upon medical examiner

If you went to an AME, you must have an attorney. You should point out this information to him or her. It probably would be best if you would write down as much detail and word for word comments that the AME (Agreed Medical Examiner) said.

Your attorney can decide as to whether there is the basis to take the doctor's deposition or other action. It is unusual for a judge to make a finding contrary to the opinion of an AME, although not entirely unheard of. If there is no evidence to support the opinion of the AME (he or she is relying on information that is not correct) and your treater has the correct information, then the Judge could make a ruling based on your treater. Also, if the AME really said he or she was biased, you may want to consider reporting the AME to the Industrial Medical Council (IMC) of the state of Calfornia. However, before doing anything, I would consult with my attorney and probably put it in writing as to what exactly was said in the evaluation.