What happens when your doctor and IME doctor diagnosis differs?

[kitty]

IME doctor has me at scheduled loss of use.

My doctor has me as a classification.

I'm at MMI and going to hearing next week. Does anyone know?

[lfoster21]

That is what the Judge will decide at the hearing. It is the Judges job to decide which side has more convincing evidence to support their side. I know some people have had a Judge who could not make a determination because both sides have equal amount of evidence...then the Judge say (s)he will make the decision one the person see's a Dr. of his choice. Sometimes the Juge will make a decision with what is given to him at the hearing and you would lkily get a letter in the mail. This is how I understand it to work. I have been told that in several states, if both sides have equal amount of evidence, the Judge tends to agree with the patients case. I know in VA, that is what my lawyer told me.

I hope your hearing goes your way.

[sparkey]

Wish my luck as this am is my IME with the IC doctor. I am scared to death that this guy is going to side with the people that are paying him. Please, i hope i am wrong about this, and that this doctor see's what i am going through and possibly be the ticket to the help i have been needing to be pain free.


I will post later today after my appt.

[jayne]

ahhhhhh sparky dont your kitty ever run out of paper?As for the judges they see this crap everyday and are smarter than we give them credit for 9 outa 10 the lawyers will meet before your hearing and hammer out a deal most likley the day befor or of your hearing.....

[kitty]

jayne Wrote:ahhhhhh sparky dont your kitty ever run out of paper?As for the judges they see this crap everyday and are smarter than we give them credit for 9 outa 10 the lawyers will meet before your hearing and hammer out a deal most likley the day befor or of your hearing.....

Why would my lawyer hammer out a deal with a WC atty? My doctor says my injury is a classification which would entitle me and my lawyer to more money. So why would he hammer out a deal that is not in his favor? Now I'm confused lol.

[1171]

sounds like you don't think there is any chance the judge will rule you have a scheduled loss of use.
if you can't loose then you are correct, there is no reason to negotiate.

[kitty]

1171 Wrote:sounds like you don't think there is any chance the judge will rule you have a scheduled loss of use.
if you can't loose then you are correct, there is no reason to negotiate.

I'm sorry but I don't understand your response, can you please explain?

[1171]

not really. I don't know what you don't understand.
you stated there are two options: an SLU or a higher rated classification.
the reason parties negotiate is to avoid the risk of loosing.
in this case avoid the comp court siding with the lower value SLU benefit.

[kitty]

1171 Wrote:not really. I don't know what you don't understand.
you stated there are two options: an SLU or a higher rated classification.
the reason parties negotiate is to avoid the risk of loosing.
in this case avoid the comp court siding with the lower value SLU benefit.

How do I avoid the comp court siding with the lower value SLU benefit? I have a say in that???

[1171]

i think that's what the phase "hammer out a deal with the WC atty" meant.
what did you think it meant?