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AG2 (California) (California)

PostPosted: Wed Nov 11, 2009 10:19 pm
by denyse
My late, great mentor Leroy Huff used to say, "I don't care what the judge says. This case is going to the Supreme Court, the United States Supreme Court!". Sends chills down my spine just thinking back.

Any judge that doesn't follow the intent of LC 4660 and the philosophy (framework) of Chapter 1 (AMA Guides), will have every adverse Almaraz decision appealed. Almaraz doesn't say you can simply offer an alternative method without setting forth the facts and reasoning to support the conclusion. And that conclusion better rely on scientific evidence, prevailing medical opinion and consensus opinion. The Guides are 38 years old, and were drafted in response to the public's need for a standarized, objective approach to evaluating medical impairment.

So why is your opinion "most accurate"? How many times have you authored this? How many doctors out of 100 would author a similar opinion? Is your opinion being contemplated in the 7th Edition revision? The schedule shall promote consistency, uniformity and objectivity (4660). The Guides are prima facia evidence. What's more objective? Using a cloth tape measure to measure thigh atrophy or analogizing the METS table under the respiratory chapter for an ankle? The clever ratings at some time will have to address the major threshold issue. Why is it most accurate? You cannot allow the rebutting party to skip the most important part. That's called the preponderance of evidence.

At some point, every one has a supervisor to worry about at the annual review.