denyse Senior Member
Posts: 740
Joined: Jun 2002
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Monday October 20, 2008 12:59 PM
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The section says more specific method, not objective. I see many doctors arguing that gait is the more specific for whatever reasons. I disagree, but...
Then it's up to the trier, who is a non medical expert under a court of liberal interpretation. As such, proceed with caution until we get some case law. BTW, most gait disputes are more solid under the lack of x-rays findings. Must have moderate to advance arthritis. If so, look for LC 4663.
The doctor needs to document why he feels gait is more specific. I would not advance to trial with the idea that the judge will toss the opinion because the doctor failed to document - too adverse to the IW. Make him put his opinion in writing, evaluate exposure, get a second opinion from someone above you in the food chain (file doc), and roll the dice. Most docs don't even understand what I am saying, so many will flop. Education.
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