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California Workers’ Comp.; DEU Rater

Anaheim, CA |

I need to cross examine the DEU rater. Can a Pro Per Applicant cross examine the DEU Rater? Or is it as I’ve been told that the DEU Rater can only be cross examined by an Attorney? I do not want to do it; but I need to know if it is mandatory that an Attorney do it.

Attorney Answers 3

  1. Best answer

    A pro per can cross-x the rater. You can do almost anything a lawyer can do in the law with very few exceptions.

    Remember that the rater was rating from instructions given to him/her by the trial judge. She's basically just a translator. If your problem is with the instructions, that's not subject to cross-x. So you are objecting to the translation. The rater does noting all day long but rate reports. She's a pro. She's an all-star. The judge relied on the rater even though the law says that the judge is a rating expert just by being a judge. You had better know the rating language better than the rater if you hope to have any chance of succeeding. Most attorneys get nowhere with a cross-x of the rater.

  2. In the en banc decision, Blackledge v. Bank of America, the Workers' Compensation Appeals Board delineated the respective roles of the evaluating physician, the workers' compensation judge, and the DEU rater when determining ratings under the AMA Guides. I suggest you read this:

  3. While you can cross examine you still have to have the right questions to get the point across. I suggest you look at Ms Harris video and then decide if you need to talk to an experienced workers compensation atty near you for advice.

    If this information has been helpful, please indicate by providing feedback that the answer was either "helpful" or "best answer" as appropriate. Legal Disclaimer: Mr. Connell is a Colorado attorney licensed in only that state. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question.

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