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DD Verses RME Doctor report
#1
Just got my results back from my RME doctors visit. My designated doctor gave me 16% total body impairment then the Company contested the dd impairment now their RME Dr, gave a 13% Total body impairment. What happens now? The hearing judge said that she would only warrant another CCH if the Company could produce substantial evidence to combat against the state doctors report! The company attourney is requesting another hearing so their RME doctor can testify! Do you think the Hearing Officer will allow another CCH for this? I LIVE IN (TEXAS)
 
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#2
(07-24-2012, 02:29 PM)bigbo88 Wrote: Just got my results back from my RME doctors visit. My designated doctor gave me 16% total body impairment then the Company contested the dd impairment now their RME Dr, gave a 13% Total body impairment. What happens now? The hearing judge said that she would only warrant another CCH if the Company could produce substantial evidence to combat against the state doctors report! The company attourney is requesting another hearing so their RME doctor can testify! Do you think the Hearing Officer will allow another CCH for this? I LIVE IN (TEXAS)
There will have to be a hearing.
Whether the rme constitutes substantial evidence would depend on the testimony so a ruling on the evidence would have to come before a decision as to which rating was the most accurate.
I think the dd would have had to have made an obvious mistake or overlooked a key medical finding to be overruled...a simple difference of opinion would not be enough.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
(07-24-2012, 03:11 PM)1171 Wrote:
(07-24-2012, 02:29 PM)bigbo88 Wrote: Just got my results back from my RME doctors visit. My designated doctor gave me 16% total body impairment then the Company contested the dd impairment now their RME Dr, gave a 13% Total body impairment. What happens now? The hearing judge said that she would only warrant another CCH if the Company could produce substantial evidence to combat against the state doctors report! The company attourney is requesting another hearing so their RME doctor can testify! Do you think the Hearing Officer will allow another CCH for this? I LIVE IN (TEXAS)
There will have to be a hearing.
Whether the rme constitutes substantial evidence would depend on the testimony so a ruling on the evidence would have to come before a decision as to which rating was the most accurate.
I think the dd would have had to have made an obvious mistake or overlooked a key medical finding to be overruled...a simple difference of opinion would not be enough.

Yes I know that we have to do closing arguments, but the hearing judge said that the RME doctor would have to produce overwhelming evidence before she would allow another appearance in court. She went on to say if they could not provide any evidence we would do written closing arguments on paper.
 
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#4
Unfortunately, I see this issue going before the judge. As you know, one of the ratings is above the 15% magical number. That is an issue that the IC is going to dispute.

I wish you well.
8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 
 
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#5
(07-24-2012, 04:47 PM)AQA Wrote: Unfortunately, I see this issue going before the judge. As you know, one of the ratings is above the 15% magical number. That is an issue that the IC is going to dispute.

I wish you well.

THANKS!MY ATTOURNEY TOLD ME TODAY THAT WE WILL KNOW BY THE END OF THIS WEEK IF THEY WERE GOING TO SET ANOTHER CCH DATE.
 
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#6
(07-24-2012, 05:20 PM)bigbo88 Wrote:
(07-24-2012, 04:47 PM)AQA Wrote: Unfortunately, I see this issue going before the judge. As you know, one of the ratings is above the 15% magical number. That is an issue that the IC is going to dispute.

I wish you well.

THANKS!MY ATTOURNEY TOLD ME TODAY THAT WE WILL KNOW BY THE END OF THIS WEEK IF THEY WERE GOING TO SET ANOTHER CCH DATE.

They are resetting another CCH and letting the IC dr testify! Here we go again
 
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#7
Of course.
The legal system is not very good about limiting the use of itself......
It all about full employment for judges, attys, etc.


Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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