Asked in Workers' Compensation for California

Q: I have been Diagnosed with SSEP TESTING with Finding of Cervical Myelopathy. Spinal Cord Compression. MRIs with 3 D.

I have 3 Disc's Herniations in My Neck. Severe Levels of Foramina. Post Neck Surgery. Operative Report List the Same Findings. Pre and Post Findings. The Same. No Cure No Relieve. My Attorney and AME Med Legal Refuse to Put this in Any Medical Reports. I also attend a IME whom wrote He has Spinal Cord Compression. And Need a Flexion and Extension Test. I also have Other Evidence of Spinal Cord Compression. How Should I Handle this?

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2 Lawyer Answers
Gary Alan Jackson
Gary Alan Jackson
Answered
  • Workers' Compensation Lawyer
  • Huntington Beach, CA
  • Licensed in California

A: so you injured your back at work and the doctors AND your attorney are not agreeing with you? why would your attorney not want to add the back? he makes more money if a bad back is part of your case. and you have an IME? you need to discuss this issue with your attorney. if your attorney is not calm, straight forward and giving you all the info so you understand, maybe its you? or maybe you need a new attorney.

Nancy J. Wallace
Nancy J. Wallace
Answered
  • Workers' Compensation Lawyer
  • Grand Terrace, CA
  • Licensed in California

A: The regulations to the Labor Code REQUIRE any evaluating physician to list each diagnosis; it makes the report inadmissible to leave it out entirely as you say. So if your attorney will not write to the AME or present the evidence to the AME at a doctor deposition, it is time for a new Applicant Attorney.

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