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a. Written AMA Report Evaluation
Listing all errors and giving you specific quotations from and references to the relevant sections of the AMA
Guides. Includes what the correct rating should be and tells you exactly what to do (a full action plan) to get the report corrected. It includes a 30 minute conference call with you, the employer and anyone else whom you would like to join us. b. nsistent with the AMA Guides We'll provide all quotations from and references to each pertinent passage or principle in the Guides and we'll prepare fill-in-the blank questions that will impel the doctor to either: 1) furnish a report with a correct rating that's consistent with the AMA Guides; or 2) adhere to a report that is not consistent with the AMA Guides and subject to a Motion to Strike under California law. c. Depose the Doctor Includes a comprehensive file review. We most often do the deposition by telephone so you can listen in. d. Prepare Your Attorney for a Doctor Deposition Perhaps your attorney is not completely familiar with the AMA Guides. We are happy to help. We'll prepare your attorney with a review of the principles of the Guides and requisites pertinent to the case. We'll even prepare all questions for the doctor's deposition. e. Prepare a Motion to Strike an erroneous report as not substantial medical evidence Let us prepare the Motion for you to file or we can file it on your behalf. If the doctor will not give you a correct rating and stands by a flawed or erroneous report, file a Motion to Strike to have the report sticken from the record. (After filing the Motion to Strike is the best time to induce the most equitable settlement.) f. Prepare a Motion to Reimburse Alleged Medical-Legal Cost Why should you pay for a doctor's report which is wrong? In California, employers and carriers are required to pay medical-legal expenses that are "reasonable or necessary" to prove impairment in a contested claim. How can a report that's inconsistent with the methodology prescribed by the Guides prove anything and comply with evidentiary standards? We will prepare a Motion to Reimburse Alleged Medical-Legal Expense for you to attempt to get your money back. (Nothing will get a doctor to pay attention to an incorrect report faster! (and again, after filing this motion is a great time to propose settlement) g. Depose the Applicant (non-psych cases) We can and regularly do the deposition by telephone so you can listen in. The service includes file review up to 3 inches of file material. h. Depose the Applicant (psych cases) We charge more for these because the inquiries generally require more detail (thus many more questions and greater time expenditure). The service includes comlpete file review. We can do the deposition by telephone so you can listen in. i. Cross-examine the Rating Specialist: We will cross-examine any rating "specialist" or assist your attorney in preparing for a cross-examination. j. Phil Walker's expert testimony on the AMA Guides I have recently been testifying as an AMA Guides expert in a number of California workers' comp cases. I've been able to help several clients in their challenges of incorrect reports purportedly produced under the Guides. Let me review the reports and I'll let you know if I think this mode of attack is suitable for your case. This service includes review of all AMA reports, preparation of a written evaluation listing all errors, references to relevant portions of the AMA Guides, the correct rating, pre-testimony preparation with your attorney ,and travel to and from the WCAB. |
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We review AMA Guides PD rating reports. Email yours to Phil today. He'll review it and within 7 days (or sooner if you wish), proivide you a correct rating AND he'll tell you what steps to take next to save your company money in PD comp. |
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