Legal Question in Workers Comp in California
Does the treating doctor's opinion count after an AME exam?
I was evaluated by an agreed medical examiner two months ago who found that I do not need to undergo surgery. However, I have since returned to my treating physician who has indicated that I definetely need surgery. Is it possible to have the agreed medical examiner review the recent opinion of my treating physician or am I just "out of luck"?
1 Answer from Attorneys
The AME must review the records
You have the right to have the agreed medical examiner review all of the existing medical evidence in your case. Although your treating doctor's report was not available at the time of your evaluation, you may submit it to the agreed medical examiner so that he may issue a supplemental report. However, if the agreed medical examiner does not change his opinion regarding your need for surgery even after reviewing the additional medical evidence, the insurance company will not be responsible for providing it.
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