An Independent Medical Exam (IME) is an opportunity for the employer (really the employers workers compensation insurance company) to have you examined by a doctor of their choosing. There might also be an arbitrator, who will decide whether the IME doctor or your doctor is more credible. console.log("fxiedd"); 2012 . Unfortunately, in most cases, you do. The IME doctor may be expensive and the veteran must pay the bill up front and out of his/her own pocket. The IME doctor will examine your medical records and the . You also should refrain from going on that lunch date, running errands, or doing other unnecessary activities that might require that you exert yourself or could cause someone to believe that youre acting in contradiction to how you say that youre feeling. When you get injured at work, you have the right to obtain medical treatment from a doctor who has your best interests in mind. Additionally, a work injury claimant should be given the required 28 days notice of the IME, except for IMEs to address claim allowance, which is 14 days. You are endorsing it all: the IME doctors' version of your patient's medical history and all the facts surrounding the injury; their examination findings, diagnosis and opinion on causation; their prognosis and opinion on permanent disability; and all their answers to all the questions posed by the workers' compensation adjuster or attorney. Dont exaggerate, but dont leave anything out. Most IME doctors don't treat patients. A California QME, or Qualified Medical Examiner, is a physician who has been certified by the California Division of Workers' Compensation - Medical Unit to perform exams on injured employees so that disability can be evaluated. We never represent the employer or insurance company. Reasonable requests should be accommodated. Workers comp doctor fees are based on the number of patients, not on the time spent on each case. Sometimes they don't even perform a physical examination before rendering their opinion. In reality, they are recruiting professional opinions allowing them to have their way with your L&I claim. In this article, we answer the question: What if an IME doctor disagrees with my doctor?. Also, IME doctors do not always have all the treatment records. Note also that Insurer requested IMEs are not subject to the 15-mile travel deductions. If L&I requests a legitimate IME, it is extremely important for the injured worker to arrive alert and prepared for the examination. Of course, the insurance company will refuse to pay for any treatment not recommended by the IME doctor. Judy Ponio is a writer and editor for the Victor Malca Law P.A. Released back to work without restrictions but cant work? They wont be allowed to speak but ask them to take notes. Workers comp refuses to order MRI for elbow injury? In that case, you know what's coming next: an Independent Medical Exam with a workers' comp doctor. To reduce the perception of bias, a random selection of IME doctors . In Nov, 2009, the work comp carrier wanted me to go to another IME with a new ortho doctor from Madison. Address:404 3rd Ave N #201,Minneapolis, MN 55401Phone:+1 612-334-3434. Does that sound independent to you? That in his opinion I was at MMI or maximum medical improvement from my injury. That I could not return to my position without set restrictions. I was seen at the hospital and then told to go to. And in those cases, it can come down to dueling doctors the findings of an injured worker's treating physician against the opinion of an IME. No recipients of any content from this website, clients or otherwise, should act or refrain from acting on the basis of such content, without first seeking the appropriate legal and/or other professional advice on the particular facts and circumstances at issue, and from an attorney and/or professional who is licensed in the recipients state. Their primary purpose is to write a favorable report that allows L&I to end your claim without paying you the compensation you deserve. They: People in charge of your claim can request an IME and follow-up IMEs. Most attorneys offer a free consultation and most states limit legal fees for workers comp cases. Disability insurance companies will often rely on either an Independent Medical Exam (IME) or an External Medical File review without examination in order to deny a long term disability claim. Theoretically, they should be. The doctor is not asked to make a disability decision and when the consulting doctor's report is received, the DDS examiner reviews the report to be sure that the conclusions the doctor has drawn from the examination are supported by clinical observations or testing cited in the report. var scrollToPosition = parseInt(jQuery("#" + anchor_id).offset().top) - parseInt(jQuery("#masthead").outerHeight()); Its up to the injured worker to stand up for themself and fight back against these dirty tactics. I was lifting a. It is your choice. In cases like this, an experienced workers compensation lawyer like Victor Malca can help you. Evidence is needed to resolve a dispute about your claim, limit your benefits, or deny your claim entirely. Frequently, the IME doctor will talk to the insurance adjuster or the defense lawyer before conducting the IME exam and/or before writing his or her IME report, to make sure it helps out the insurance company position. This will help them determine if there are any "objective" signs of an injury related to your workplace accident. For instance, if you came in with a limp and suddenly dont have it when you walk out the front door to the clinic, theres a good chance that the doctors are taking note of that, especially if this information affects your claim. At Sharpe Law Firm, weve stood by injured workers and helped them overcome the ruthless trickery of L&I and their independent medical examiners for more than forty years. Recalling the length of your visit with the IME doctor as well as what they said and did during the examination. You agree these messages may be auto-dialed or pre-recorded, and consent is not a condition of purchase. Whether the IME doctor and staff are pleasant or rude, you should be polite and always think before you speak. A second opinion is a medical exam scheduled by the employer (or insurance carrier) and the employer chooses the doctor. The apartment. By submitting, you agree to the Terms & Conditions. On the contrary, most of them are instructed to disprove your claim. Its easier for the IME doctor to just side-step having to deal with your frustration or controversy with the insurance company. If your primary treating physician recommends that you do not return to work or that you get a certain course of treatment, you may be better off following those recommendations. Especially if you are still in main or experiencing physical limitations, it will be important for you to speak with a lawyer before you do anything that could jeopardize your legal rightsor your physical recovery. An IME often effectuates claim closure, at which point, L&I will often address the subject of claim settlement and award a permanent partial disability (PPD) settlement or not. An IME, or as I call it a Compulsory Defense Medical Examination (DME), is a one-time medical appointment with a physician chosen by the insurance carrier. If you disagree with your IME doctors report, here are some things you can do: Its not uncommon for IME doctors to recommend for an injured worker to return to work even if theyre not yet fully recovered. But, the workers compensation laws in most states place limits on when insurance companies can require independent medical exams. IME stands for independent medical examination, and its the process that insurance companies use to reevaluate whether or not youre actually eligible for the long-term disability benefits that you supposedly qualify for. } For additional information concerning the amended law, see. In this case, the "independent third party" refers to the IME doctor. She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives. More than likely, the doctor and other staff members will be watching the way that you act as you leave. Most of the time, they use the IME doctors opinion to achieve such. Christopher Sharpe is the go to attorney for injured persons. Because both you and the attorney want to know if your case is any good. The vendors are like middle-men, who provide IME doctors to all of the different insurance carriers in New York. For one, they must be licensed health professionals. You should prepare yourself for two basic scenarios: the IME doctor agrees with your doctor or disagrees with your doctor. At the end of the call, no matter what you decide to do, you will have fresh ideas and an action plan. When applying for long-term disability benefits, you may be asked to undergo an independent medical examination (IME). They are not independent and are not medical exams. Though, this will make it harder to get your workers comp claim approved. Workers compensation doctors know insurance carriers dont like spending money on expensive tests like MRIs and CT scans. Step". Regardless of the source, IMEs are a serious problem for an injured worker and their workers compensation claim. Don't compare your claim to someone else's. Please use the button below to see how else we can help. Even if you brought a witness to take notes during the IME, make your own notes about the exam while its all fresh in your mind. An IME doctor frequently bases his or her findings on what is often a very brief visit with a patient. The nurse may present herself as your advocate who is acting in your best interests. I was using an electric pallet jack and the machine surged backwards, pinning my upper arm next to a beam and piece of steel. When there is a question about what kind of benefits an injured employee should receive, a California QME is the type of physician who evaluates the employee. 1600 Ponce de Leon Blvd, Come see why fellow attorneys and past clients have voted me one of the Best Workers Compensation Lawyers in Virginia. Self-Insured employers. If you are currently represented by an attorney, you should strictly abide by his/her counsel. Call our worker compensation Attorney at 415-404-6395 or 415-738-240. This is why having a skilled long-term disability attorney on your side can make all the difference in the outcome of your case. For instance, lets say you have a medical condition that got worse after your injury. An IME is a one-time visit that you will make to the insurance company's doctor, where their doctor will evaluate you, your injury, and your . Under state law, employers and workers' compensation insurance carriers are allowed to request an IME with a doctor of their choosing every six months. Dont try to conceal pre-existing conditions. Workers Comp: Settlements for Back Injury, Workers Comp: Settlements for Bulging Disc, Workers Comp: Settlements for Herniated Disc, Workers Comp: Settlements for Ankle Injuries, Workers Comp: Settlements for Brain Injury, Coronavirus (COVID-19) Workers Compensation and Unemployment Information All 50 States, Workers Compensation Deadlines All 50 States, Personal Injury Statute of Limitations All 50 States, Can You See Your Own Doctor on Workers Comp? Your lawyer will advise you with, best interests in mind, and your lawyer can take legal action on. Read: Workers Comp Settlements for Ankle Injury, Workers Comp Settlements for Brain Injury, Workers Comp Settlements for Bulging Disc, Workers Comp Settlements for Carpal Tunnel, Workers Comp Settlements for Cervical Spine Injury, Workers Comp Settlements for Electrocution Injury, Workers Comp Settlements for Herniated Disc, Workers Comp Settlements for Injuries Requiring Surgery, Workers Comp Settlements for Permanent Partial Disability, Workers Comp Settlements for Secondary Injury, Workers Comp Settlements for Shoulder Injury. Financial pressure: IME doctors whose sole practice and income is from IMEs paid by insurers Contracts with insurers - one doctor who responded to the survey said the insurer agrees to a minimum number of IMEs per year. Dabdoub Law Firm is a highly specialized disability insurance law firm based in South Florida offering representation to disability claimants across the country. L&I and Self-Insured employers are not interested in treating work injury claimants fairly. The IME doctor will examine your medical records and the injury reported. It feels counterintuitive, but you actually have more power to keep your notes hidden or provide them when theyre advantageous to you if you share them with your attorney because you cant be forced to disclose them once youve given them to your attorney because of client-attorney confidentiality. You can choose to take notes by recording yourself saying it with your phone, or you can take handwritten notes. In that case, she could recommend that you be sent for an independent medical exam with a different workers comp insurance company doctor. From time to time, the WorkCover Insurer may request that you participate in an independent medical examination, otherwise known as an IME. Whether they are seeking to supplement their private practices or are retired and cant pass up easy additional income, most are financially motivated. Why? You should also know that the exam isnt necessarily confined to the doctors office, and there are a few things that you should take notes about immediately after your exam so that you can have a record of what happened. You wont often find doctors certified in surgery, orthopedics, or other specialties performing medical evaluations for workers comp insurance companies. He specializes in representing injured workers on compensation benefit cases and disabled individuals claiming lost social security disability benefits. What's an Independent Medical Examination? If an IME doctor has cleared you to work and you are wondering whats next, you should discuss your situation with a local lawyer promptly. Categories Independent Medical Examinations When you click the button you will be redirected to LawsuitInfoCenter.com. Do not confuse politeness with your job to take care of yourself. Honesty is the most important part of all interactions with your worker's compensation doctor. Said that I had not returned to my pre-injury levels. 4604 49th St N, Suite 5006 St. Petersburg, FL 33709. Consult with a licensed attorney in your state before relying on any information found on this site. Osterbauer Law Firm works with injured clients throughout the Twin Cities Metro and Greater Minnesota including Minneapolis, St. Paul, Rochester, Duluth, Bloomington, Brooklyn Park, Plymouth, St. According to California Civil Discovery Practice (CEB 4th Ed. On the other hand, there are doctors who, either on their own doing or at the direction of others, ask the same questions that your client was asked in his deposition with the specific intent of getting some . 25 Questions to Ask Your Workers Comp Lawyer. , Your Right to Medical Treatment With an Open L&I Claim An open L&I claim gives you a right to medical, Apply for Social Security with Open Claim, The Truth About Independent Medical Examination (IME). IME doctors who are biased and aren't being fair are being used early, often and aggressively so that the insurance companies can avoid paying out what they otherwise should pay in benefits for medical bills and wage loss reimbursement that so many injured accident victims so desperately need. Conclusions in the report must be consistent with the objective clinical findings found on examination and the claimant's symptoms, laboratory studies, and demonstrated response to treatment and on all available information, including the history. It is the injured workers responsibility to salvage what they can from the L&I claim. the IME doctor will send a report to your insurance company assessing the nature of your injury . The IME is a type of medical examination where an independent third party evaluates the condition of an injured worker. At this point, it is up to you to fight for your legal rights. While it might be okay for you to return to work, it also might not. The workers compensation insurance company is allowed to order an IME (or 2 or even 3) for several different reasons but, basically, an IME is in exam by an independent medical doctor. So while your doctor usually has your best interests, the IME doctor doesnt. In addition, if the insurance company has offered a settlement due to the IME report, your lawyer can assess the settlement value and help you negotiate. The IME Doctor Disagrees With My Doctor: What Do I Do? Forced to go back full time on light duty, but still have pain? First of all, you need to know that its not uncommon for IME doctors to have a different opinion from your doctor. Christopher Sharpe is the go to attorney for injured persons. In every case, the insurance company has the right to send you to an independent medical exam (IME). The doctor will then use this information to determine whether they agree with your personal doctor or not. To make a decision regarding claim allowance or reopening. First of all, you should take accurate notes about how long youre there, when you arrive, and when you leave. The doctor selected to perform your IME is supposed to study all the medical notes and documents related to your claim, discuss your injury, and examine you. In this case, the independent third party refers to the IME doctor. To report a doctor who has been improper you can complain. Read: How to Find a Work Injury Lawyer Near Me. You only get a short period of time to salvage what you can from your L&I claim. These tests are expensive and complicate the entire claim. You cant refuse the insurance companys request for an IME or youll risk losing all your workers comp benefits. I was walking past. For the most part, this is true. If youre already working with an attorney, you should then give those notes to your attorney. Do it or lose it! Take your choice: We usually reply to forms, texts, and emails within 1 business day. This is why having a skilled long-term disability attorney on your side can make all the difference in the outcome of your case. 'Independent' Medical Examiners reined in by New York State legislature (June . Its a good idea to bring someone along. An observer cannot legally record an IME. Virtually all state regulations permit you to be treated by your own doctor, but your claim is highly dependent on the medical opinion of the doctor from the insurance companys approved list. Make the request in writing and send a copy of your request to your states workers comp board. Pills are much less expensive than an MRI. Step", So far so good! An independent medical examination (IME) is. Else we can help article, we answer the question: what if an IME doctor as well as they... Okay for you to an independent medical exams t treat patients what is often a very visit. Way that you be sent for an IME can request an IME doctor disagrees with my doctor: if. Help you Minneapolis, MN 55401Phone: +1 612-334-3434 can choose to take notes by recording yourself it... It harder to get your workers comp insurance company doctor doctors to all of the call, no what... To deal with your L & I claim doctor doesnt my pre-injury levels got after! 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