Legal Question in Workers Comp in California

Evidence at Trial

What medical reports can be submitted at trial if I have seen an A.M.E?

Treating doctor's report? Primary Dr's referrals(Pain Managment,Spine Surgeon)?And if so How much weight is given to them over A.M.E.'s

Issues in dispute are retroactive t.t.d as of the date of P&S from insurance dr's report and primary treating dr.

A.M.E did not get primary dr's P&S report and his opinion is not very clear or favorable.Insurance attorney is offering C&R with Permanent Disability award taking the place of ''overpaid T.T.D''(about 2 yrs)and no future medical.

Please help me decide if I should leave decision up to judge. Thanks


Asked on 5/03/06, 5:14 am

1 Answer from Attorneys
ARMAN MOHEBAN LAW OFFICES OF ARMAN MOHEBAN

Re: Evidence at Trial

I DON'T KNOW YOU HAVE AN ATTORNEY OR NOT. PRIOR TO SIGNING OF AME AGREEMENT, YOU OR YOUR ATTORNEY SHOULD HAVE MADE SURE THAT ALL PRIOR MEDICAL REPORTS WERE SUBMITTED TO AME. THE AME GENERALLY REVIEWS ALL PRIOR MEDICAL REPORTS AND PARTICULARY P & S REPORT TO COME UP WITH HIS OPINION. YOU CAN CHECK WHAT EVIDENCE AME REVIEWED AND IF HE MISSED A REPORT TRY TO SEEK THE AGREEMENT OF THE DEFENDANT TO GET A SUPPLEMENTAL REPORT. IF YOU THINK AME REPORT IS GROSSLY UNREASONABLE, YOU CAN CROSS-EXAMINE THE AME. CALL MY OFFICE AT 213.388.7070 TO DISCUSS YOUR CASE IF YOU ARE NOT REPRESENTED BY AN ATTORNEY.

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Answered on 5/11/06, 5:57 pm


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