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  1. #1
    Join Date
    Aug 2010
    Posts
    27

    Default Long Story (Short Version)

    So I originally went to this jackhole pqme and ultimately his report sucked and before it sucked it was objected to for being untimely. I went to another pqme and his report reflected the reporting of my 3 doctors and he said i had not had proper treatment, no apportionment and not P&S. So lo and behold I get a supplementary report from my new pqme that says he reviewed the report from the first pqme and although he said his opinions were unchanged I'm curious as to the appropriateness of him viewing the first pqme report.

    Here are my issues A) this report shouldn't be part of my record because it was objected to and shouldn't have been paid for and B) the defense atty who gave it to the new pqme is trying to color his new report and I think that gives my atty to disqualify new report at trial and do I potentially have a reason to file a complaint against her with the Cal Bar Assoc.?

    Thanks in advance for your opinions i have not yet been able to discuss this with my atty.

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Long Story (Short Version)

    You can file a complaint with the bar any time you like... they may/will invistate... but you're not likely to see any action taken...the bar is attorneys, overseeing attorneys.
    File your complaint... however, IMHO, based on what you say here... even short story... what's your complaint?

  3. #3
    Join Date
    Aug 2010
    Posts
    27

    Default Re: Long Story (Short Version)

    Apparently you can't read, so i'll elaborate; my complaint is is that the defense atty acted inappropriately. In probable of state bar rules.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Long Story (Short Version)

    I can read...you are complaining about how a DA acted in representing the client... "so what" ? Because you think this is the case doesn't mean its true, or actionable.
    FILE your complaint... the bar will investigate, and if any action is necessary, that will be handled... I doubt your complaint will be taken seriously.

  5. #5
    Join Date
    Aug 2010
    Posts
    27

    Default Re: Long Story (Short Version)

    Well you aren't kidding, your opinion is humble.

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Long Story (Short Version)

    Here are my issues A) this report shouldn't be part of my record because it was objected to and shouldn't have been paid for and B) the defense atty who gave it to the new pqme is trying to color his new report and I think that gives my atty to disqualify new report at trial and do I potentially have a reason to file a complaint against her with the Cal Bar Assoc.?
    Its' not your decison whether or not a report is paid for, nor would the bar be interested... as long a medical/non medical reports the defense intends to submit to the PQMQ 20 days prior to your evaluation..to you/your atty... there is no problem... your atty has an opportunity to object to anything the defense provides... there is no foul here... WC is administrative law..not civil. The DA goal is to "color" your side of things... that doesn't rise to any default or "crime" you have reason for a state bar compliant... and not likely to be acted upon...

    You are upset about this... talk to your atty... no doubt s/he would be able to dispute at trial IF they intend to present as evidence.
    Besides that... the only reason you'd go to trial to resolve your claim is if the parties cannot agree informally.
    And a MSC is not a 'trial', but an informal hearing.
    I think you are getting too worked up over this one... let your atty handle the claim, or dismiss and rep yourself.
    You can change attys at any time...there will be only one fee... go here for referral by zip code...www.caaa.org

  7. #7
    Join Date
    Aug 2010
    Posts
    27

    Default Re: Long Story (Short Version)

    Umm yeah, Defense Attorney didn't submit her intent to give 1st pqme report to 2nd pqme nor did she mention it in her letter to pqme prior to my appt because that would've been in probable of state bar rules and objectionable, she just submitted something that's inadmissible and confidential in an attempt to curry favor in her direction which is going to bite her in the ass because it wasn't ethical. My atty already has a meeting scheduled with his partner about when and if I should file a bar complaint and if it will be viable.

    I suggest you do some research on the state bar's intent on policing itself, it's no joke. No thanks for your advice.

  8. #8
    Join Date
    Aug 2010
    Posts
    27

    Default Re: Long Story (Short Version)

    Actually I should amend that, she waited until I was examined by the pqme and then she submitted the first pqme report and asked for a supplemental report because she didn't like the 2nd pqme report.

  9. #9
    Join Date
    Aug 2010
    Posts
    27

    Default Re: Long Story (Short Version)

    With all due respect Lois I think you are mistaken, that report is confidential and inadmissible and not part of my medical record; whether it was paid for or not is irrelevant. From the time I've posted this we've find out that the attorney has been let go from the firm although not sure why and I'm going to file a bar complaint this week.

    If your atty suggests that the DA did something that the State Bar would investigate, you need a new atty.
    My attorney is av rated, he has yet to tell me whether the Defense whale's transgressions are worthy of a bar complaint but is having a conference with his partner about it. What rating would i find @ martindale next to your name?

    Maybe you should school the messenger about the reality of his
    the bar is attorneys, overseeing attorneys
    quote and the stigma of disciplinary action?
    Last edited by BobD; 06-27-2011 at 05:30 AM.

  10. #10
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Long Story (Short Version)

    that report is confidential and inadmissible and not part of my medical record; whether it was paid for or not is irrelevant.
    As there is no treating relationship between an IW and PQME/AME, those reports are not part of your medical record....and whether or not the report/or supplemental report is admissable... a WCAB judge would decide.

    WC law is admin law, and as such, The "rules" are unlike what you would see in Civil or Crim Ct (or on TV). We use the "Work Comp Laws of CA" available here,
    http://www.lexisnexis.com/store/cata...s&prodId=10825
    You are apparently over reacting to something your atty should be addressing...not you, or, if you wish to rep yourself...just file a substitute of atty... and get over the "AV" rating... Calif does not certify WC attys, or any other specialty.
    Maybe you should school the messenger about the reality of his
    the bar is attorneys, overseeing attorneys
    quote and the stigma of disciplinary action?
    Do you actually think there will be disciplinary action here? besides...the DA is gone....move on from this.

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