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  1. #11
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Dr. Aubrey Swartz

    Thanks Bvie for the feedback and explaining more in depth what the system if about. So I am just waiting to see what happens to what the doctor said. The doctor contradicted himself, said one thing pretty much throughout most of the report (which seemed fine, correlates with what is going on with me, saying he agrees with limitations I have on my job and such) , then at the end of the report, very last question, it looked as if he pretty much sold me down the river, said the opposite of what he said on earlier. In the whole report, he pretty much said yes, I agree with limitaitons, there is a problem, it seems reasonable, then at end of the last question of his report, wham bam. For now, I am just trying to stay afloat, keep my job that I have been working full-time while all the time knowing that my employer would rather kick me to the curb as fast as they can if they could, because I am pretty much "garbarge, worthless piece of you know what" to them now in their vision of how they prefer to preceive me because I cannot do 100 percent of my job anymore, lifting up to 70 pounds repetively over and over, pushing crappy equipment with broken wheels that have loads (up to thousands of pounds) of weight in them, and so on. It sucks. I feel I am blamed for everything. It is like Lord forgive you, if you get hurt. A union person once told me the way it was at our employment, they use you, abuse you, break you, then kick you to the curb and say it is all your fault. How true. I would like to do everything on my job to the maximum, lift everything, push everything, and so on, but cannot. If there was a magic cure, go in a machine, fix myself, I would. Life is what it is, got to deal with whatever life dealts us.
    Last edited by justtryingtosurvive; 07-19-2009 at 12:50 PM.

  2. #12
    Join Date
    Jul 2009
    Posts
    4

    Default Re: Dr. Aubrey Swartz

    Thanks Bvie for the feedback and explaining more in depth what the system if about. So I am just waiting to see what happens to what the doctor said. The doctor contradicted himself, said one thing pretty much throughout most of the report (which seemed fine, correlates with what is going on with me, saying he agrees with limitations I have on my job and such) , then at the end of the report, very last question, it looked as if he pretty much sold me down the river, said the opposite of what he said on earlier. In the whole report, he pretty much said yes, I agree with limitaitons, there is a problem, it seems reasonable, then at end of the last question of his report, wham bam. For now, I am just trying to stay afloat, keep my job that I have been working full-time while all the time knowing that my employer would rather kick me to the curb as fast as they can if they could, because I am pretty much "garbarge, worthless piece of you know what" to them now in their vision of how they prefer to preceive me because I cannot do 100 percent of my job anymore, lifting up to 70 pounds repetively over and over, pushing crappy equipment with broken wheels that have loads (up to thousands of pounds) of weight in them, and so on. It sucks. I feel I am blamed for everything. It is like Lord forgive you, if you get hurt. A union person once told me the way it was at our employment, they use you, abuse you, break you, then kick you to the curb and say it is all your fault. How true. I would like to do everything on my job to the maximum, lift everything, push everything, and so on, but cannot. If there was a magic cure, go in a machine, fix myself, I would. Right now, wishful thinking isn't helping enough.

  3. #13
    Join Date
    Mar 2009
    Posts
    27

    Default Re: Dr. Aubrey Swartz

    Quote Quoting BvIA View Post
    AME's are used in lieu of a judge in the initial part of resolving a disputed issue. These doctors do not have a patient/treater relationship with the IW, they don't diagnose or develope a treatment plan. They don't RX medications or tell the PTP's what or how to treat the injury. They ONLY provide an opinion, backed up by peer reviewed treatment protocols as to whether or not a requested treatment is appropriate to the IW/injury on an industrial basis.
    ...
    Their reports are not 'lies' or 'mis truths', certainly not with the intent of denying benefits. They are providing a opinion based on their education/expertise and your presentation. Right...? wrong...?, probably.
    IF you can prove a 'lie', you are entitled to additional compensation...this doctor/liar would be making false statements with the intent of denying you benefits...that is illegal, that is fraud.
    "Their reports are not 'lies' or 'mis truths', certainly not with the intent of denying benefits." Actually that's exactly what they are; I've experienced it first hand. These AME's must be doing this for personal financial gain--if they do Defense friendly reports that result in cheap settlements, they will get more WC jobs; or they're getting cash payoffs. What other explanation could there be? And they're confident they can get away with it, as they always do.

    So if you can prove fraud, what recourse do you pursue?

  4. #14
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Dr. Aubrey Swartz

    So if you can prove fraud, what recourse do you pursue?
    YOu file your complaint with the fraud unit. If there is merit, the District Atty has the power to bring charges...however, you don't get the money if there is any to be had...but for a stipend referral fee.

    How are you proposing to prove a fraud of an AME to 'intentionally' make statements to deny you benefits. ? It's an 'opinion', you cannot legislate an opinion. There is no law against it, and because you have received an unfavorable report from the AME, that hasn't resulted is a financial loss to you... don't say benefits or settlement money, you can't lose what you didn't have. And there is no provision for 'future loss' in comp as there is in PI.

    Defense friendly reports that result in cheap settlements, they will get more WC jobs; or they're getting cash payoffs.
    That's partially why the procedures were changed. With an AME/agreed doctor, your AA has the opportunity to agree with the defence on a doctor, doesn't have to be a QME. If they can't ...you get a panel, not knowing what doctors you may get. Same with PQME's. The problem we face now is, many PQME's are former DQME"s...at any rate, the referral system is pretty much gone, and there are not 'cash payoffs' for favorable ER/IC reports. Doctors are not going to risk their license for accepting graff, nor would the IC risk losing the ability to sell insurance in the state for the sake of one favorable report. There isn't enough money in denying your claim for the illegal payoff.

  5. #15
    Join Date
    Jul 2008
    Location
    California
    Posts
    1,900

    Default Re: Dr. Aubrey Swartz

    scrapper88

    I totally understand where you are coming from. Request a copy of all of the documents sent to your AME, including cover letters from the DA and AA. Request your entire file.

    I just found out DA's sometimes send a "condensed version" of your medical records to these AME’s...meaning they write a re-cap of some of them, including a recap of your deposition, if they send it. Since they, the defense are recapping some of these things, what do you think they are writing/sending?

    Even if you are represented you have the right to request your entire file from the AME's office. They will most likely charge you.

    Scrapper88, I have also experienced the lies, miss-truths first hand, so you are not crazy. Of course not all AME’s are like this…but if you are unfortunate to get one like this, it sucks. I have had both good and bad AME's.

  6. #16
    Join Date
    Sep 2012
    Posts
    1

    Default Re: Dr. Aubrey Swartz

    I was sent by OWCP to see Dr Swartz for a second opinion. This guy is a total crook and is in with OWCP. You are sent there so there is a conflict from your treating physican. This guy will act nice to you and then stab you in the back with his report. He has so many complaints and unethical things he has done.
    I requested a (FOIA) Freedom of Information Action request on Dr Swartz on how many times OWCP has used him the past 4 years and if there was amy complaints on him. I got back the information from the Department of Labor today and it was so false and misleading. It had that Dr swartz was used by OWCP or the department of Labor on 2 times in the past 4 years and he has no complaints on him files
    I would really appreciate it if you could get me the information if you ahve been sent to Dr swartz in the past 4 yeras by OWCP for a second opinion or any other reason, I would really appreciate it. This doctor is real bad news and if you are sent to him you better have a witness with you. Again please get back to me if you ahve been sent to this crook the past 4 years at ******
    Last edited by tony; 09-20-2012 at 05:32 PM. Reason: e-mail removed

  7. #17
    Join Date
    Oct 2012
    Posts
    1

    Default Re: Dr. Aubrey Swartz

    Quote Quoting greek1017 View Post
    I was sent by OWCP to see Dr Swartz for a second opinion. This guy is a total crook and is in with OWCP. You are sent there so there is a conflict from your treating physican. This guy will act nice to you and then stab you in the back with his report. He has so many complaints and unethical things he has done.
    I requested a (FOIA) Freedom of Information Action request on Dr Swartz on how many times OWCP has used him the past 4 years and if there was amy complaints on him. I got back the information from the Department of Labor today and it was so false and misleading. It had that Dr swartz was used by OWCP or the department of Labor on 2 times in the past 4 years and he has no complaints on him files
    I would really appreciate it if you could get me the information if you ahve been sent to Dr swartz in the past 4 yeras by OWCP for a second opinion or any other reason, I would really appreciate it. This doctor is real bad news and if you are sent to him you better have a witness with you. Again please get back to me if you ahve been sent to this crook the past 4 years at ******
    I had appointment with Aubrey Swartz in September and another person with later appointment was there also for his work comp case. This Dr.is paid too well by DOL and for good reason. Totally agree on most of these threads. It don't matter how hurt you are, what your private physician has written or your pathology reports stipulate. DOL makes most ppl go through a living hell knowing your have been physically in bad shape and pain, they do not care whatsoever!! Dr. Swartz has offices all over California and other Western states, he's making a killing...

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