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Video Record Med Legal Exams
#1
Hello Folks

California Claim

Anyone know anything about video taping a med / legal exam in California. I believe an IW can use a stenographer, audio record, and video record the exam. Not really sure what the CCR.'S say. Repped IW'S ..I think can have an attorney representative there as well to observe.

Anyone have any information on how to do this legally. Statues, court cases ect would be most helpful.

Thanks

Shadow
 
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#2
most of the court cases on this issue were from an earlier period where the carrier/employer chose the examining physician and not since the change to the Labor Code that required the use of QMEs & AMEs.

videotaping was NOT allowed.

Edmiston v. Superior Court (1978) 22 Cal.3d 699 590.
also Fireman's Fund Insurance Co. v. W.C.A.B. (1980) 45 Cal.Comp.Cases 37 (Writ Denied)
Munoz v. Superior Court (1972) 26 Cal.App.3d 643.
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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#3

You can call and ask the doctors office in advance if they will allow a tape recording of the exam. It is illegal to tape record anyone in California without their approval.

You can request a court reporter to be present as well. That would need to be discussed with the defense, since they would be paying for it. If he does not agree then you would need to file for a hearing.

This may piss off the doctor, so I would only suggest doing so if he is a defense type doctor. Bringing a witness can also be an option, but you should contact the doctors office for approval first.

There was one company in Southern CA that you could pay for a chiropractor to attend a exam. Google search it if interested.
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#4
Thanks for your responses.

I think if video taping were done it could possibly change the BS in these exams and protect both sides interest.

As far as who I would make angry. Doesn't matter. Seen a Med/ Legal evaluator. Said 3% impairment no work restrictions yada yada. I say think something is wrong? Doc says oh nooo , your good to go in his report. You need no diagnostic testing. Everything is just fine.

I go pay for my own testing , comes back as basically a surgical failure.
I mean really !

I gotta go see this Doctor again. I call him Dr Negligence. Maybe next time he has a magic wand or something.. Unbelievable ! This is not medicine, this is a racket.

I'll just audio record it with consent and bring a witness.




 
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#5
I just recommend asking this doctors office in advance if you can bring a witness and tape recorder. Some doctors will not allow it. If that is the case, this issue may be able to be litigated and then you can request a new QME. Maybe. That does not mean a judge will grant it. I know of one injured worker who got a new evaluator due to the doctor would not allow a witness during the exam. Every case is different and every judge is different.

There is a new law in California which states AME and QME examiners no longer make medical determinations. They are there to rate you and state if an injury is work related. They no longer have power over treatment. Your primary doctor can write a rebuttal to this evaluators report and the judge can decide which is most credible. If you have an attorney he can also depose this doctor. There are two ways to combat a inaccurate report from AME/QME's.

You should not have to pay for testing's

If your treating doctors requests are getting denied by utilization review, and he is not appealing them or you are not requesting an IMR after a denial, this may be cause for constant denials.

Is this doctor a panel QME or a AME picked by your attorney?
I am not an attorney.Anything I write should not be considered legal advice.I am writing from my own personal experiences,which is not from any sort of legal background. You should consult with an attorney over legal issues. In California, if you cannot get an attorney you can consult with an I&A officer.
 
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#6
Reported
Signature/Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information.........
 
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