Legal Question in Workers Comp in California

Is it common for an AME report to be issued longer than 30 - 45 days? That report was long overdue now. The problem is that the Dr involved was not giving precise information about the actual date of the issuance of his final reports. Despite numerous calls (7X), the doctor's office was providing same response, verbatum: "It will be issued in 2 weeks" since Jan 2012. I was seen early Dec 2011 and until now the report has been issued yet. What can an attorney do to compel the AME doctor's report. His report is very important to me because it is holding my benefits, especially my medical needs and assistance necessary under workers comp. I have not been paid for more than 2 years now. As a result, it created a domino effect on me financially, medically (physical and mental) as I was not getting the appropriate medical treatment and financial assistance. What do I need to do? I cannot tell you the serious impact that my previous atty did to my claim and lawsuit in the past so I need someone to give some guidance on how to get this resolved without being placed in the same predicament again.


Asked on 2/29/12, 4:45 pm

2 Answers from Attorneys
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Yes, it is very common for AME physicians to take more than 45 days to issue a report. At this point there is nothing you can do but wait for the report unless your attorney files for an expedited hearing, and no court will make a ruling with an AME report pending.

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Answered on 2/29/12, 6:19 pm
David Lupoff Law Offices of David B. Lupoff

AMEs can take several weeks, or sometimes months to issue their report. An experienced attorney who is familiar with most of the AMEs usually knows which AMEs take longer, and try to avoid using those doctors. Secondly, you probably do not know whether or not the AME you agreed to is fair. He might be defense oriented for all you know.

This is one of several reasons injured workers fair better with representation. Without representation, it's very difficult for the injured worker to make these day to day assessments. At this stage, you should speak with an attorney. I will be glad to give you a free consultation if you contact me on my cell phone at 818.943.0462. I will be glad to speak with you tomorrow. In the interim, please go to my website at www.lupofflaw.com.

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Answered on 2/29/12, 8:20 pm


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