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PQME report and private rater reports (California)

PostPosted: Tue Nov 13, 2018 8:17 pm
by lacompfun
Scenario

PQME issues a report with excessive PD vs findings.

PQME will not change his view at deposition. Not Almarez Guzman. He thinks his impairment is per AMA guides fifth.

Question

1. Can Defendant list on pic statement iratings analysis of report to help show the PD determination is wrong?

Re: PQME report and private rater reports (California)

PostPosted: Wed Nov 14, 2018 9:20 am
by vampireinthenight
Sure. I can't tell exactly what your issue would be, but you will want the rater to testify in person, not just the report.

Re: PQME report and private rater reports (California)

PostPosted: Wed Nov 14, 2018 9:31 am
by LawAdvocate
You can submit them, but most judges will not be bound by them. It always goes to the DEU if there is a rating dispute and you have the right to cross ex.

So I disagree that a rater should be brought in to testify. You prepare a motion to strike the reporting based on why you believe the incorrect rating methodology was utilized, by doing this however, you may leave only the PTP standing. So if you don't like the PTP's rating, then you better strike that one as well, so that the Judge then eventually forces the parties to an IME or an AME.

Re: PQME report and private rater reports (California)

PostPosted: Mon Nov 19, 2018 2:02 pm
by lacompfun
Good one.. Thank you.