Legal Question in Workers Comp in California
Greetings,I am in a workers comp case over 4 years old. I don't trust my own lawyer to honestly answer this question because he and his staff have lied to me several times now. I recently had xrays from independent Doctors that showed I have an injured spine. Soon after I had (possibly) my last AME. The AME was very rushed during the examination. After viewing the xrays the AME staff took, taking about a second to look at each one, he said he saw nothing. He also never let me explain all my ailments I was there to see him about by talking over me and rushing through the appointment because I was first after lunch with a waiting room full of other patients. I complained to my lawyer in an email before the AME report came out, of course not in my favor. I have asked my Lawyer about sueing him but he has not responded. My Lawyers staff has caused over a years delay in my case and he would like to get it over with, I want to fight. Please help.
1 Answer from Attorneys
AME is "God" in Workers' Comp claims.
You would need a video tape or multiple eye-witnesses to the AME's behavior to get his report set aside. IF IT IS YOUR WORD AGAINST THE AME's report, you will lose. I see nothing here over which to 'sue' the AME.
There is no requirement the AME go slowly during the exam. Xrays are considered a very poor measurement of an industrial injury; most need to be 'confirmed' with a CT or MRI or Nerve Conduction study. The only possible remedy is for the Attorney to schedule (paying nearly $1,000 out of pocket) the AME's deposition and confront the AME with documentation of a condition or injury which the AME failed to observe in the most recently report. The AME will very strongly resist changing his opinion.
So without hard evidence that the AME missed something substantial, there is little value in the deposition. Finding another attorney now would result in the 2d Attorney doing 100 hours of work to split te 15% fee; if the fee looks like it will be $2000 and he would get $1000, the new attorney would work for $10/hour... making you a very unattractive client!!!
One solution might be to insist your attorney confront the AME at a deposition by a certain date or you will either terminate that attorney and represent yourself or complain to the bar association about being 'abandoned', 'inspiring ' your attorney to confront the AME at a Deposition.
Just don't expect the AME to change many answers unless there are studies showing injuries and disability he actually completely missed.
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