Late Medical Legal Report

[Interceptor]

Hello Folks

Went for a med/ legal evaluation over one month ago and no report has been issued. No request for extension . Can I disqaulify this report under title 8 article 3 . Anyone ever have this experience ? What was the result ? Never wanted to see this evaluator anyway. Clearly a defense doctor .

Any thoughts

Thanks

Interceptor

[BvIA]

Didn't you choose this Dr/PQME ?
You can object/dispute but how do you know you'd get a better selection of Dr/PQME?
how do you know the report will not be in your favor?
Might be better to get the report and see what it says... you can always go to court.

[kelly38]

Do you have an attorney, because you cannot do anything when represented. If you have an attorney you can ask him to object to the report due to time limit (make sure an extension was not requested). If he likes this doctor, it may piss him off, as he had to arrange it and hopefully picked the medical documents to send to the doctor.

If you are now representing yourself, I would call your local I&A officer at your local WCAB where your case is at, and ask what you need to do to object to the report.

Did you have any testing's done, they can have extra time if you had MRI etc?

If you wait for the report then object, it will be too late. You have to object before you receive the report, if objecting to it being late. It is difficult to un ring that bell (IMO).

[BvIA]

If you wait for the report then object, it will be too late. You have to object before you receive the report, if objecting to it being late. It is difficult to un ring that bell (IMO).

That's right... the only way to dispute a medical/legal report is to file a DOR for expediated hearing.

There is somewhere in the Title 8 CCR's that say you cannot change PTP while there is a disputed medical issue...that would be 'doctor shopping'.... the CA is disputing your current PTP report, they aren't apt to accept another Dr/PTP until this dispute is resolved.

[kev_b]

That's right... the only way to dispute a medical/legal report is to file a DOR for expediated hearing.

There is somewhere in the Title 8 CCR's that say you cannot change PTP while there is a disputed medical issue...that would be 'doctor shopping'.... the CA is disputing your current PTP report, they aren't apt to accept another Dr/PTP until this dispute is resolved.

Sort of true, I was in the same situation but my attorney and the defense agreed on the change of PTP so I changed.

[Interceptor]

Not a PTP issue. Ame matter. In which I am pretty certain is defense oriented. BVIA is correct could be a favorable report ( I have doubts though ) . Rather disqualify the late report with no requested extension and see PQME.

Yea . I guess it would piss off AA . But if not favorable ( to me ) the AA will shrug shoulders and say sorry. That's the way it goes.

I think these doctors need to follow the regs. I am considering a letter to AA that I wish to disqaulify the late report before it issues. I guess this would piss off the CA . Not that I care.


Any other thoughts.

Thanks

[kev_b]

I wish I could have disqualified my PQME but he issued his report 1 day after the exam so now my attorney has to do this the hard way.

[kelly38]

Not a PTP issue. Ame matter. In which I am pretty certain is defense oriented. BVIA is correct could be a favorable report ( I have doubts though ) . Rather disqualifY the late report with no requested extension and see PQME.

Yea . I guess it would piss off AA . But if not favorable ( to me ) the AA will shrug shoulders and say sorry. That's the way it goes.

I think these doctors need to follow the regs. I am considering a letter to AA that I wish to disqaullfy the late report before it issues. I guess this would piss off the CA . Not that I care.


Any other thoughts.

Thanks

It is a gamble either way as you could get a panel with 3 defense names on it. Did you do a google search on the doctor?

Did you ask you PTP how he feels about this AME? They are a good resource.

Also, if this is a AME and not PQME, they don't have to follow the 30 day rule, from my understanding (I don't have the rule. It is what an I&A officer told me so verify this first, to make sure it is correct. She said AME's don't have to abide by the same rules as PQME's). I would call your attorney and talk to him about your concerns.

Good luck to you either way.

[Interceptor]

At least your AA is willing to do something . Mine kind of lays down , which is ridiculous. The IC wanted this exam asap , well they got it, so now it's report time. AME was hired to do a job , now get er done . Funny how regulations are ignored. Ever notice how an AA doesn't like educated claimants ? I have .

- - - Updated - - -

PTP gave me a heads up on the AME . Defense oriented. Here is what I have found regarding AME 30 day reporting .

http://www.dir.ca.gov/t8/38.html

[kelly38]

At least your AA is willing to do something . Mine kind of lays down , which is ridiculous. The IC wanted this exam asap , well they got it, so now it's report time. AME was hired to do a job , now get er done .I would not pursue this just because this doctor's report is late, and not following the rules. That will cause a lot more work for your AA, and may piss him off.You don't want to become a "problem client" I would ONLY pursue this if you know for sure this doctor is going to write a biased/defense report.(JMHO) Funny how regulations are ignored. Ever notice how an AA doesn't like educated claimants ? I have .
My attorney does not seem to mind.
- - - Updated - - -

PTP gave me a heads up on the AME . Defense oriented. Here is what I have found regarding AME 30 day reporting .

http://www.dir.ca.gov/t8/38.html

PTP's saying the evaluator is defense is not a good sign, but then again your attorney may have a relationship with this doctor (unknown). I would talk t your attorney and tell him what your doctor said. I would ask him if he would be willing to depose this AME if needed.

One good thing is after July 1st these AME/QME doctors will only be able to opine if your injury is work related, and PD rating. If you have an accepted injury, I would not worry so much about the AME, but if there are disputed body parts and issues, you want to make sure you have a fair doctor.

Again, you cannot do anything as far as getting that report tossed due to being late since you have an attorney. Your attorney will have to do it.