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  1. #1
    mandy Guest

    Default Tape Recording Technology

    Sorry the other post got rather long so I started a new one for a couple more questions.
    Before I go out and spend the money should I get one that tapes with an actual tape? or one that is digital. I like the digital better for length and it can be put into memory. But the tape is actual hold in your hand kind of thing.
    And should I tell my lawyer. I probably know the answer to that one but I wanted to make sure. I would say no. But I am by far no legal eagle! Thanks all you have been so helpful so far!

  2. #2
    anon Guest

    Default

    Actually I don't think I would tape. It just destroys any chance of gaining credibility and it's inadmissable. Just go there , tell the truth and let the chips fall where they may. Never do or say anything without talking to your lawyer.Be carefull if you do try to tape, there is a federal wire tap law. I was advised against it..

  3. #3
    anonymous Guest

    Default

    That all depends on usage and amount you are willing to spend. Also check on how noisy they are. Some recordeds do not work well if they are in you pocket. If the tape is garbled or inaudible the carrier will move to disallow it. I would always recommend you tell your attorney.

  4. #4
    dennison Guest

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    I have taped all Dr's appointment when it came to defense Dr's. As long as the Dr knows in advance that there will be taping they are fine with it most of the time and also will opt to tape themselves. We then lay the recorders on the table in plain sight and it is in the report that both parties agreed to tape the session. This is in CA. That way no one is suprised later. I actually once ran out of batteries and the Dr. gave me some new ones to use. What they really hate is when you are not upfront with them and pull it out in the last minute. But like always if you are represented, check with your attorney. Better safe than sorry. Now if you are not allowed to tape then the Dr. is not allowed to tape either, remember that one. And that goes for Video taping also.

  5. #5
    driller Guest

    Default

    Hi Mandy,
    I don

  6. #6
    another Guest

    Default

    Tapes will be fiercely faught by the insurance co. There is no way to protect the intergerity of the tape and they will argue that. The session with the doctor should be with a court transcriber present. Then it is admissable. So the taping you think is so great may not even work regardless of the quality.

    The tape will have to be transcribed anyway to be admissable to court. It costs again to do this.

  7. #7
    mandy Guest

    Default

    I have seen this doctor before. She told me one thing and then in front of me and the nurse (nurse was present at the end) said something completely different, which at the time I rubuted as did my husband and then in the report something completely different. When doing her pinprick thing there is was no reaction or pain with my right foot she reported as fine normal reaction. she also told me and my husband my best bet albeit the hardest would be to discontinue my WC case and try to get on with my life. Find a new job and cut my losses b/c WC will make my life more difficult. Then she writes in the report that I CAN return to work full time full duty, but that I will get injured again. Now when MY regular nuero got ahold of the report she let WC have it and stated truthfully that I could NOT return to work full time full duty b/c I would further injure myself, and that surgery was my best option for any improvement. well now I am not allowed to see my regular doctor. WC has told my lawyer that she isn't a good doctor in the first place. Well lemme see it came from WC and the employer to see her in the first place, but now she isn't a good doctor! I wish I could figure that one out. Either they are po'd she stood up to the IME or they were giving me low grade care at the areas premiere spinal injury facility! you be the judge. Now when I told my lawyer that the IME said to cut my losses and start over, they said if they could prove that she would be cutting her losses. Now if I according to the black law thing can tape it why not and bring up that last conversation. I'll have proof that she is biased to comp (already a given).

  8. #8
    pooh Guest

    Default

    Mandy

    Sounds like you are getting the standard line - move on drop the comp case, next you will hear if you haven't already is that the pain is all in your head.

    Some IC prefer to pull you from a doctor that sides for you because they know that they will be required to pay for medical, etc. So if they have a doctor that says the opposite they will tend to use them more frequently.

    I had the same thing happen to me - over 2 yrs ago. The company sent me for an ortho evaluation and the doctor stated that I had nerve damage and that the job wa responsible for the damage. He scheduled a follow up for 2 months - and just before the follow up - I am told I am seeing a different ortho. This ortho clearly said that the pain was all in my head - gave me a cortisone shot and when I did my follow up 3 weeks later - sent me back to my regular position. Not once did this doctor tell me I had a degenerating disease in my shoulder that my job would cause the joint to deteriorate at a rapid rate doing that work. Needless to say - later on was sent to pain management - and before I went I got copies of my notes current to date from my attorney - this is how I was told of the disease. I had to read the reports he sent to the IC.

    Well this pain doctor told me one thing and then the wc case manager writes down something totally different. Good thing the pm doctor wrote what she told me in her report.

    Well last month - I had an emg - since comp won't pay for any medical on the shoulder my health insurance is - and the emg shows clearly that the nerve that the first othro said was damaged is damaged. This week on follow up - this same doctor told me that this is all work related nerve damage. How will this affect my health insurance paying - is yet to be seen. But I figure the IC and health insurance can hammer it out -because my attorney has the letter where comp has denied payment for any treatment to the shoulder.

    Now here is the tricky part - I am scheduled for more PT - I am not going to tell them it's not work related because it is work related - will wc pay for the PT - the answer is no - will my health insurance - by state law they are required to. But it may still be a battle.

    I did not tape record this doctor has he was a doctor of my choice and has been trying to find out what is wrong - 2 1/2 yrs after I got injured. So he's had a tough job so far just trying to piece things all together. But I have tape recorded other doctors because what they say and wrote were entirely different. Even my restrictions have been changed from the time I left the doctors office until I got back to work - 2 hour drive - and I had it in writing what the restrictions were.

    My mmi exam was less than 2 minutes long and consited of me lifting my arm over head and being able to bend the arm at 90 degree from shoulder level in front of me. That's it my tape you hear me turning pages in a magazine more than you hear a doctor talk on the tape. I have them for back up for when I write my daily (sometimes weekly) notes. My attorney knows I have taped them and that I have used them just to go over things when I type up my notes. These tapes may not be used in WC court - but they can be used against the doctor with the medical board.

  9. #9
    sacredwolf Guest

    Default

    Mandy,

    Looks like we hit a MAJOR nerve. The last thing insurance companies want is for injured workers to start taping corrupt docs, because then their entire game blows up in their face! So, expect to get a lot of bad advice on this issue.

    Let the insurance company fight the admissibility of the tape. You can believe they will, cuz they have to, cuz if they don't they are dead in the water when the tape is admitted and proves that their doc committed fraud. In the end, the tape will be admissible.

    I have won cases based on tape-recorded evidence that conclusively proved the truth of the matter in question, so I know of what I speak!

    The "integrity of the tape" is guaranteed by a date/time start and stop as I explained previously, with no erasures or modifications.

    You can transcribe the tape yourself. You do not have to pay a court reporter to transcribe it. If you transcibe it yourself, make absolutely sure the transcription is perfect.

    You will probably have to provide the tape to the other side for examination. Be sure to make a copy of it, if you are required to turn over the original for the other side's examination.

    You do not need a "court reporter" at the exam. In fact, I'm not sure you could even hire one for that purpose if you wanted to. You can and should hire a court reporter for Industrial Commission hearings though. Tends to help keep the defense honest.

    If you ask your attorney if you can tape, be forewarned that a lot of attorneys will respond to your question by telling you that "they cannot tell you to tape," so be prepared for that. This does not mean that you cannot tape, only that your attorney "cannot tell you to tape."

    This has to do with a lawyer's "ethical considerations," to which they are supposed to be bound, called EC's.

    You saw the law with your own eyes as provided by "Driller" and you know that you can tape, so don't be confused if your lawyer uses the language that he "cannot tell you to tape."

    There is a huge difference beteen a lawyer's inability to "instruct, advise or counsel you to tape" as an ethical consideration (EC) and whether you can legally tape. So, pay close attention to your lawyer's exact words. What sounds like "you cannot tape" at first glance, actually means something entirely different (i.e., you can do it, but as your lawyer, I can't tell you to do it.)

    Driller, Dennison and I know what we are talking about and we are real injured workers. Don't know about the rest. Consider the source.

    I'll tell you what, you tell me what state you are in and within the next few days, I'll locate the Rules of Evidence for your state on-line and provide you with a link so you can see what the requirements for taping are and how easy it is to get the tape admitted into evidence.

    Can you tell that I am sick of corrupt docs and want to see some of them end up in prison to send a message to the rest of them?!

    -Wolf

  10. #10
    mandy Guest

    Default

    I am in NC. I realize that there are many different opinions. I will respect that. I also forgot to mention another reason I want to get her. She told me that my injury was a result of childbirth and that I just seem to aggravate it at work. So essentially they were not at fault. It had been 4 years since I gave birth and I had no problems since then? Odd time to aggravate it! Working 3rd shift 7 days a week mandatory (you did get one w/e night off every 3 weeks) physical labor and lifting 25-60lbs multiple times a night and constant lifting 18lbs every 6 minutes. Nah I would have to agree that it was from childbirth! anyway I could go off on that all day! Needless to say I WAS in great shape! I am pushing for a 2nd opinion also, but somewhere between my lawyer, thier lawyer and my case manager it keeps getting lost. Anyway sometimes I wish I didn't have a lawyer so I could call WC personally and let 'em have it. But I have to call my lawyer, who calls thier lawyer, who calls WC, who calls back thier lawyer, who calls back my lawyer, who in turn calls me. Its a shear wonder nothing seems to be getting done!

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