In your proposed supplemental request, you raise the issue of AOE/COE with reference to the “sign-in” sheet revealed in the subpoenaed records from California Family Fitness as well as a subrosa video conducted on March 24, 2017. At your direction, we have forwarded the subrosa video to the applicant’s attorney’s office on May 3, 2017. The applicant’s will have 10 days to object to any non-medical records to the PQME.
Certainly, the evidence revealed by the subpoenaed records and the “sign-in” sheet works strongly in our favor. As you correctly pointed out in your proposed supplemental request, the applicant’s credibility is most likely going to be subject to attack. The “sign-in” sheet revealed the applicant has been consistently going into the gym since her date of injury. More absurdly, the applicant also went into the gym at around 5:00 p.m. on the date of injury, contrary to what was described to Dr. Nair. Also, I would like to point out at the applicant’s last evaluation with Dr. Nair on January 10, 2017, the applicant indicated she has been reluctant to return to gym, but this is contrary with the “sign-in” sheet from California Family Fitness. …show more content…
She was able to participate in a Zumba course for almost two hours. She apparently exhibited no symptoms of pain when she was