Legal Question in Workers Comp in California

During the course of a re-reval AME appt, 4 days before the appt I sent an email to my AME in prep for the appt. The appt had been cancelled but i didnt receive notice until after sending the email. Opposing cousel filed said it was ex parte communication and were succesful at getting the previous and supplemental reports vacated. I dont believe my attorney appeaed the decision, nor do i believe he fought it w/ my contact being in the course of the appt. b/c he never asked me about the circumstances. I had told the paralegal but her family was murdered the day after i told her and never returned to work. i now dont thinnk she told my attorney and he never asked me. I know have a new AME report from a diff AME and the first was the most accurate since it was done almost 1.5 yrs earlier. What can or should have been done to preserve the first report?


Asked on 2/08/11, 11:14 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

Before we can answer we need to know what you said in the letter and what the difference is in described PD between the reports. Even if it was felt that somehow your letter was so well crafted to prejudice a physician, the reports should have been given to the new AME as being valid reports as they were prepared before your objected to letter.

Read more
Answered on 2/08/11, 11:46 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in California