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  1. #1
    Join Date
    Apr 2011
    Posts
    1

    Default Discovery of Sub Rosa Film That is Favorable

    How can I get discovery of sub rosa film i know was favorable , I want to send it to the AME doctor?

    Also can i depose the ins adjustor to determine if the film exists?

    Can I ask the insurance adjustor what was the articulable suspesion unon which they determined to do the sub rosa film?

  2. #2
    Join Date
    Mar 2011
    Posts
    291

    Default Re: Discovery of Subrosa Film That is Favorable

    a subpoena deuces tecum is used to required the production of information in a work comp case.
    if you are going to an AME then you have an atty.
    litigation strategy is best left to them.
    if you don't trust your atty or want another you can change any time; there will be a single fee that shared.
    and you can always represent yourself, are you?

    your representative can take a deposition or ask the adjuster anything but they are not required to answer unless they are testifying.
    Last edited by SH.; 04-08-2011 at 06:49 PM.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,017

    Default Re: Discovery of Subrosa Film That is Favorable

    Quote Quoting Ronstein View Post
    How can I get discovery of sub rosa film i know was favorable , I want to send it to the AME doctor?

    Also can i depose the ins adjustor to determine if the film exists?

    Can I ask the insurance adjustor what was the articulable suspesion unon which they determined to do the sub rosa film?
    You are not going to get any evidence or films they don't intend to use. They paid for it...they own it, and may do with it what they want. ONLY if the subrosa is to be provided to a medical/legal evaluator, or used a trial, would the applicant be entitled to the film.

    Your atty could depose a CA... but again, if they don't intend to use a film as evidence... you won't get it. Why would they send a film that may be favorable to you, to any QME/AME ?

    articulable suspesion unon which they determined to do the sub rosa film? ...doesn't matter. You're spinning your wheels on this.

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