Depending on where you live, this may be a doctor of your own choosing, or it may be a doctor who has been pre-selected by your employer. He will strive to point out flat out mistakes or negative remarks. In Hoover, the employer required employees get medical evaluations from its doctor. Youll be observed from the time you arrive at the IME location. The IME believes that the depression did not develop secondary to your physical injury, but your treating doctor believes that it did. Plaintiffs should assume that any staff members present at the doctor's office . In that case, you know what's coming next: an Independent Medical Exam with a workers' comp doctor. At this point, it is up to you to fight for your legal rights. But if you feel you are being played by the workers comp insurance company, or you arent sure youre getting the benefits you deserve, dont wait to protect your claim. As a practical matter, however, you may feel that it is necessary to do so. But its not unheard of for employers and insurance companies to use it to discredit your claim. I was lifting a. An IME is supposed to be an objective assessment of your medical condition, including what treatment you need, whether you have a permanent impairment and to what degree, and your ability to work in the future. scrollTop: jQuery("#"+hash).offset().top - 200 You can call or text us at the number below: 2775 Harbor Avenue SW,Suite D, Seattle,WA98126-2138. It never hurts to have your own witness to the exam. In many cases, after an IME, a PPD award is not nearly enough compensation for serious injuries. Released back to work without restrictions but cant work? Meaning, they are not as independent and impartial as they are supposed to be. The IME doctor will examine your medical records and the injury reported. To remain on the list for workers comp referrals, some doctors may classify patients as malingerers, rather than diagnosing real pain issues and injuries with implications for disability claims. Find out if you are entitled to compensation. Independent Medical Exam (IME) Doctor - These doctors conduct IMEs on behalf of the insurance company. There might also be an arbitrator, who will decide whether the IME doctor or your doctor is more credible. Stephen Scott, the Aetna Claims Analyst called our office today and said that our client must sign the form or Dr. Demeter won't exam her. Call Dabdoub Law Firmtoday at (800) 969-0488 to speak with an attorney about your case. I am a restaurant manager for a very busy chain restaurant. View our Privacy Policy. 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. They are doctors are engaged by the WorkCover . Or the doctor gave you a completely different disability rating than your doctor. Remember that insurance companies often have injured workers under surveillance. 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. That is not "independent." Instead, expect the IME doctor to disagree with the doctors you have hired to provide your medical care. Theoretically, they should be. The deposition may reveal that the doctor never even looked at your old medical records and spent only minutes examining you. Dont try to conceal pre-existing conditions. The doctor your attorney and the claims administrator agree on is called an agreed medical evaluator (AME). The insurance company wants to see if a new doctor will agree with the action or course of treatment the workers compensation doctor is recommending or to see if . Medical treatment is stopped immediately. Even when doctors would normally recommend those diagnostic or therapeutic services, in workers comp cases, they wont mention it to the injured worker. In short, their opinion is invalid. website and blog. Call our worker compensation Attorney at 415-404-6395 or 415-738-240. The claim is moving too slowly or getting too expensive, and the insurance adjuster wants to close it down. You have clear legal rights; and, if the IMEs report is inaccurate, you should still be able to collect the benefits you deserve. We help individuals who need to. They are not independent and are not medical exams. Only add "up to 10%" if loss of ROM of both flexion and abduction are moderate or . Questions are answered and no time is wasted. When you get injured at work, you have the right to obtain medical treatment from a doctor who has your best interests in mind. Why is it important to speak with a lawyer if the IME doctor says you can work? Need help contesting the IME doctors report on your workplace injury? If you didn't, you are entitled to a copy. How do I get a doctor to take me off work for severe pain? You have the right to seek a second opinion if you feel the workers comp doctor isnt addressing your medical issues. Back injury preventing me from working. The simple answer is that IME doctors arent always right. Protect yourself and your L&I or Personal Injury claim with a free case consultation. In fact, it is very common for IME doctors to have different opinions than treating physicians. This medical opinion is sometimes based upon surveillance video obtained by the insurance company through private investigators. One of the most important things that a claimant needs to understand is that these medical exams arent as independent from the insurance company as they might sound. Their primary purpose is to write a favorable report that allows L&I to end your claim without paying you the compensation you deserve. As mentioned, an IME doctor is an independent third party. Christopher Sharpe is the go to attorney for injured persons. If you dont like what L&I is doing to you, you must do something about it. Has the workers claim-related medical condition reached maximum medical improvement? 73 Going to a Second IME Exam I had an IME exam in 2009. For additional information concerning the amended law, see. For serious violations of State Law RCW 18.130.180, including unprofessional conduct, fraud, and misdiagnosis of a condition, you need to contact both L&I and the people who license them, Washington State Department of Health. If you have an attorney, your attorney and the claims administrator may agree on a doctor without going through the state system used to pick a QME. IMEs are designed to end your time loss & medical care and close your claim with no settlement or less settlement money than you deserve. Legal authority for this exists in Section 12 of the Illinois Worker Compensation Act: "An employee entitled to receive disability payments shall be required, if . Your claim will change after an Independent Medical Examination. Contact us for a free consultation. behalf if necessary. Do I Have to Go to UNUM's Medical Examination? 250 (1964). If possible, have a friend or family member go with you to the IME. The IME Doctor Disagrees With My Doctor: What Do I Do? Very few of them are active medical professionals. Hed been helping injured workers in Florida for the past three decades. An L&I settlement is money paid at claim closure for a work related job injury. 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. What is the Workers Compensation Appeals Board and How Does it Work? Why? or viewing does not constitute, an attorney-client relationship. As [] If they are being paid by your insurance provider, its unavoidable that theyll be some biases somewhere along the way. Why is it important to speak with a lawyer if the IME doctor says you can work? In cases like this, an experienced workers compensation lawyer like Victor Malca can help you. An IME doctor is selected by the Board. How Long Does It Take To Get A Disability Approval Letter? Come see why fellow attorneys and past clients have voted me one of the Best Workers Compensation Lawyers in Virginia. Suite 1202, If youre already working with an attorney, you should then give those notes to your attorney. Independent Medical Examination doctors can be tricky, so keep the following in mind: The exam is converted into a report. If an independent medical examiner says that you are ready to go back to work but you are concerned this might not actually be the case, there are some steps you should try to take as soon as possible. During this process, a doctor looks at your previous medical records and does an examination on your to determine whether or not you fit the qualifications. } Our Confidentiality Pledge The information you give us is private and confidential. There are ways you can reduce the amount of weight an IME report will have on your case, such as: An IME report will lose credibility if the physician simply had one short visit with you or didnt do much to examine your condition or ask you pertinent questions. This strategy session will help you get informed. Talk to your claims manager to make this happen.In certain situations, there is reimbursement for meals, hotel expenses, taxi fare, parking costs, and ferry and bridge tolls. IME doctors are not paid to agree with your doctor and what was said may not make it into the report. To do so, IME exams are scheduled with doctors who will help them manage a claim. If you want to discuss your unique case in confidence, you can contact us for free at 312-346-5578. If you dont like what shows up in your IME report, there are steps you can take to counteract that bad IME. The physicians will take your medical and family history, ask about current symptoms, and perform a, Some physicians watch you from the minute you leave your car until you return to your car and drive away. when theres doubt about your workers compensation claim. But if you feel that the IME doctors recommendation is detrimental to your health, you should tell them so. There is no such thing as a truly independent medical exam. To reduce the perception of bias, a random selection of IME doctors . If youve suffered a tragic workplace injury and youre tired of fighting for the compensation you deserve, schedule a free case evaluation today to learn how we can help you fight these injustices. 'Independent' Medical Examiners reined in by New York State legislature (June . Unfortunately, based on your answers we cant provide a case review. Minor complaints, such as rudeness, can be handled by sending an IME comment form to L&I at the following address: IME Provider Review L&IPO Box 44322Olympia, WA 98504-4322. Approval takes < 24 hours with no credit checks and no obligation you only pay it back if you win your claim. Get started with a free case assessment online 24/7. }, 1000); This is because the faster an injured worker returns to work, the lesser compensation the insurance provider will have to pay. Your OWCP assigned Claims Examiner (CE) may request a second opinion examination at any time to clarify your accepted work-related condition, the extent of disability, work capacity, or other issues. The doctor will not take part in deciding whether you have a disability and will not prescribe treatment or medication for you. An IME is an examination scheduled by the Indiana Work Comp Board, and this report will be very important to your case. 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