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Q-Must the Judge favor my long time doctor and his opinion over an insurance doctor who has seen me only one time?

The answer to this question is not as simple as you would think. The judge, in their Award, assigns weight and credit to be given to expert testimony and this is a question exclusively for the judge to make. Longstanding Georgia law provides factfinders (Judges) the freedom to accept or reject evidence as they see fit, particularly expert medical evidence. Expert doctor testimony is not conclusive or binding and is submitted by either party for whatever the fact finder considers it to be worth. This language is used in the recent case of McKenney's Inc. v. Sinyard, 350 GA. App. 260 (2019). So, beauty is truly in the eye of the beholder (here, the judge).

So if the insurance company can fish around and find a doctor who will say your injury is no longer disabling or that your current condition is not the result of your job injury, they will clearly jump on the opportunity to present this doctor's opinion to the judge deciding your case. What do they have to lose? If the judge finds the insurance doctor's one time opinion more persuasive, then you could lose your case.

Your lawyer must be aggressive in obtaining the best possible medical evidence, presented in the best possible light to persuade the judge to decide for you. This costs money to get the most detailed medical reports. Without this type of persuasive evidence, it could cost you more than money. You and your lawyer need to make the right choices.

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