Legal Question in Workers Comp in California
Ame vs. Ptp
I had an AME examine back in June of this year, After waiting 4 months and still working it came back saying that I was not allowed to keep working at my postition as a delivery driver. My work told me not to come back until i could return to full duty without any work restrictions. After 2 more months of being off work and some medicine and shots Si joint and Fawcet injections, I felt alot better so my PTP released me back to full duty. What will happen if the company says that the AME said i cant go back but my PTP says that i can???????
1 Answer from Attorneys
Re: Ame vs. Ptp
It is always difficult to comment on the specifics of a case without having full knowledge of the medical reports etc. By agreeing to an AME, you have accepted the AME opinion as controlling. And since you went to an AME, you have an attorney. Therefore, you should consult your attorney before seeking advice from someone who is not thoroughly familiar with your case.
In this instance the AME report is not as fresh as the PTP report, thus there is good reason to beleive the employer should follow the PTP. However, the employer may unreasonably demand that the AME issue a final report, or comment on the PTP findings. I find it odd that the employer will not take you back with no restrictions, which means no permanent disability, thus I suspect there may be additional issues to this case.
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