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Will a judge agree with wc doc IMA and not my specislist doc

Waynesboro, PA |

IMA doctor says my injury is healed. But my doctor says mypain is result of injury. Will the wc judge agree with the wc doc?

My doc is very recommended specialist and has agreed to send his report,but so is the wc doc.This is so fushtraing, I am 56 and cant even do house work without pain.I have a hearing coming up at the end of April (pet-to-review compensation benefits). I know I am venting sorry but someone else opinion is welcome. What does this hearing concest off?

Attorney Answers 5

Posted

Not if you obtain a skilled WC attroeny and present a persuasive case. WCJs look at many factors when deciding such disputes. Your own testimony and credibility will be critical. If you have not had any previous injuries or legal claims, you will likely be found to be more credible. If you have never suffered a problem with the injured body part before, you will likely be found more credible. Judges often favor treating doctors who have been able to see you many times over one time examiners. But, if the IME doctor is highly credentialed, thorough in his examination and review of your situation, and fair in his analysis, he may be more persuasive that a lesser credntialed treating doctor. The best thing you can do is get a lwyer.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.

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The reason we have judges is to make a determination as to which doctor to believe. Get yourself a lawyer, and he or she will know how to present your evidence to the judge. The consultation will almost certainly be free.

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Unfortunately, it is very difficult to answer that question without further information.

Hopefully the Workers compensation Judge will rule upon your case after all depositions have been taken including the Deposition of the Defendants I am a physician and the Deposition of your treating physician as well as hearing your testimony. The Judge will then weigh all of the evidence that has been submitted and make a determination after both parties have submitted Briefs.
If you have a Attorney, you should discuss these issues with him or her after the filing of the Defendants Petition based upon said IME If you are not currently represented by counsel, it is imperative that you immediately contact and Attorney who is experienced in handling Workers Compensation Claims. MOST ATTORNEYS WILL NOT CHARGE FOR AND INITIAL CONSULTATION AND WILL EXCEPT YOUR CLAIM ON A CONTINGENT FEE BASIS.

This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to rjaffe@phillyworkinjury.com

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It is impossible to answer your question. The best way to have the judge believe your doctor of the insurance companies doctor is to obtain a good lawyer to ask the right questions and obtain the best medical testimony, but nothing is ever guaranteed.

Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. belt-law@belt-law.com www.belt-law.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.

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This depends on the totality of the evidence, the quality of the presentation by your attorney and the identity of your Judge. Get an attorney and make sure (s)he regularly handles Workers' Compensation cases in your jurisdiction.

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