Q: What documents can a defense attorney turn down for submission to AME doctor/evaluation?
My lawyers somehow forgot to include a very important practitioner I used via the workers comp system, on an older claim, though this practitioner is key in discussing the situation on my cumulative injury newer claim. My lawyers are saying that my defense attorney may turn it down now even though the doctor still has 2 weeks left to finish the evaluation.
It's a dr file that was explicitly discussed numerous times and within emails as being key to my claim, as well as another Dr.'s files that I just confirmed my lawyers only put in 2 appts when I had 84 appts., and should've been included in the original submission for 1st AME appt, and then they had another opportunity to put it in for the 2nd final AME appointment...and they didn't.
I'm now realizing just how bad my lawyers are and just want to know what a defense attny for other side are allowed to nix out of my case, and when I'm cut off from submitting more documents since I just found out the other document issue?
A:
In California, the defense attorney has the right to object to the submission of new medical records or documents to the Agreed Medical Evaluator (AME) if they believe the records are not relevant, not properly authenticated, or not submitted in a timely manner. However, the specific rules and deadlines for submitting additional documents may vary depending on the circumstances of your case and the agreements made between the parties.
Generally, the parties are required to exchange all relevant medical records and other documents well in advance of the AME evaluation. If you or your attorney attempt to submit new records close to the evaluation date or after the initial submission deadline, the defense attorney may object to their inclusion.
However, if the records are highly relevant to your claim and there is a compelling reason for their late submission (e.g., you were not aware of their existence or they were not available earlier), you can try to negotiate with the defense attorney to allow their submission. If the defense attorney still objects, you may need to file a motion with the Workers' Compensation Appeals Board (WCAB) to request the inclusion of the additional records.
Given the complexity of your situation and the potential issues with your current legal representation, it may be advisable to consult with a new workers' compensation attorney to discuss your options and ensure that your rights are protected. A new attorney can review your case, advise you on the best course of action, and help you navigate the process of submitting additional documents or addressing any objections from the defense attorney.
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