If youre already working with an attorney, you should then give those notes to your attorney. Note: This page was last updated on February 21, 2023. You consent that the funding company you are matched with or a call center may contact you by phone and/or text, even if you are on a Do Not Call Registry. The trial court agreed, but the reviewing court reversed, finding the decision "erroneous." (Carpenter, 141 Cal.App.4th at 272.) IME doctors may review a case file, conduct an IME, and write a report all in the same day or two days. You must complete a travel reimbursement form within one year of the exam and include your receipts. They usually send a copy to your doctor with a cover letter asking them to agree or disagree with the IME report: Doctor, if you disagree, write a lengthy report. Some states also require that the medical institutions they work for must be HIPAA compliant. If you force yourself to work when your body is not yet up to it, your injury may only get worse. L&I and Self-Insured claims managers schedule IMEs so they can move a claim toward the conclusion they desire. 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. Come see why fellow attorneys and past clients have voted me one of the Best Workers Compensation Lawyers in Virginia. jQuery(window).load(function() { *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. More than likely, the doctor and other staff members will be watching the way that you act as you leave. I was walking past. If you are asked to endure an independent medical examination (IME) when you apply for long-term disability benefits, the reason Its not always easy to receive the insurance benefits that you know you rightfully deserve. Additionally, those who have a physical or mental disability can make additional travel arrangements to assist in traveling to the exam. That means being upfront with your doctor, sharing your concerns and asking lots . An IME doctor frequently bases his or her findings on what is often a very brief visit with a patient. Doctors have various reasons for deciding to work for an insurance company, but like most people in the workforce, their goal is a paycheck. Call Dabdoub Law Firmtoday at (800) 969-0488 to speak with an attorney about your case. What Are Your Chances of Getting Disability for Arthritis. Just because the IME doctor does not agree with the diagnosis your treating physician provided, that does not mean your case is over. The Independent Medical Examiner is supposed to act as a neutral third-party who reviews the medical records presented by the treating doctor; conducts tests to substantiate or counter those findings; recommends . Ex. My finger got caught in a shopping cart and then smashed on a conveyor belt while I was working in the state of Hawaii. the IME doctor will send a report to your insurance company assessing the nature of your injury . The simple answer is that IME doctors arent always right. Theyll be looking to see if you hop easily out of your car and walk briskly to the building, only to limp and groan as you struggle to ease into a chair in the waiting room. And as such, the WorkCover insurer refuses to pay for any medical treatment related to the depression. and the Osterbauer Law Firm stand up for injured Minnesota workers rights. Need help contesting the IME doctors report on your workplace injury? All too often there is no good solution for significant injuries. Recalling the length of your visit with the IME doctor as well as what they said and did during the examination. If the IME doctor agrees with your doctor in terms of the treatment that youre receiving and your overall abilities and disabilities, your employer will act in accordance with what the IME doctor has proposed for your treatment in the workplace. Consultations are free. To settle these disagreements and bring all parties on the same page, an IME is usually conducted. 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. The stated purpose of an Independent Medical Examination (IME) is a medical evaluation ordered by L&I to determine the status of a workers medical condition. Before the hearing, your lawyer may need to take the deposition of the IME doctor. First and foremost. Some other details to note include how long you were in the waiting room, if there were any other patients waiting with you, details about any paperwork you were asked to fill out, what questions the doctor asked you, your general impressions, any information that the doctor shared with you, and anything unusual that you noticed. A QME is picked from a list of state-certified doctors issued by the DWC Medical Unit. Dabdoub Law Firm is a highly specialized disability insurance law firm based in South Florida offering representation to disability claimants across the country. This is because the faster an injured worker returns to work, the lesser compensation the insurance provider will have to pay. It is NOT formal legal advice. Very few of them are active medical professionals. Make sure to include evidence to prove your claim. Independent Medical Examination doctors can be tricky, so keep the following in mind: The exam is converted into a report. (this is a problem). With the nurse case manager in the room, anything you say or do during the examination can be used against you. We were told that it was because they determined my injury was a new injury and not related back to my original injury. There may be details that are embarrassing but are impacting the quality of your life. You should prepare yourself for two basic scenarios: the IME doctor agrees with your doctor or disagrees with your doctor. But its not unheard of for employers and insurance companies to use it to discredit your claim. Insurance companies will often stop paying workers compensation benefits once an IME clears an employee for work as welland this can put injured workers in a very challenging situation. Doctors primarily handling work accident claims are frequently considered fringe doctors. Unfortunately, based on your answers we cant provide a case review. Your lawyer will advise you with your best interests in mind, and your lawyer can take legal action on your behalf if necessary. There might also be an arbitrator, who will decide whether the IME doctor or your doctor is more credible. The doctor that performed that exam. An IME doctor is not your doctor - The evaluation does not create a doctor patient-relationship. The insurance company nurse may demand to be in the room when your doctor is examining or treating you and wont hesitate to challenge your doctors opinion. I recently accepted and. What happens when the IME disagrees with my doctor? The doctor your attorney and the claims administrator agree on is called an agreed medical evaluator (AME). 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. Insurance companies will often stop paying workers compensation benefits once an IME clears an employee for work as welland this can put injured workers in a, 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. Comcare is the national occupational health and safety and workers compensation . //var anchor_id = jQuery(this).attr("href"); 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. Nurse case managers are registered nurses whose job is to facilitate communication between the doctor and the insurance company. 5 Signs That You Will Be Approved For Disability. The doctor-patient relationship with an IME physician is all about your workers comp claim. IT IS THE RESPONSIBILITY OF THE INJURED WORKER TO SALVAGE WHAT THEY CAN FROM THE L&I CLAIM. Most attorneys offer a free consultation and most states limit legal fees for workers comp cases. This website contains general information that may not reflect current legal developments, verdicts, and/or settlements. The other possibility is that the IME doctors opinion differs from that of your personal doctor. Have a personal injury caused by someone else? What is an L&I Settlement? jQuery("html, body").animate({ Your primary treating physician probably knows your file much better than the IME doctor. For example, she may disagree with your doctor about your pain or mobility level and when you should be released to go back to work. Yes, the doctor should have that information from your medical records, but they may want to hear it from you. Under the Workers Compensation Act your employer or its insurer can force you to attend one IME per medical specialty per year. You might choose to take notes on a few important issues when you get to your car, or you might choose to wait until youre home if you live near the doctors office. jQuery("html, body").animate({ var scrollToPosition = parseInt(jQuery("#" + anchor_id).offset().top) - parseInt(jQuery("#masthead").outerHeight()); Like the doctor who orders custom braces or orthotic shoe inserts that can only be made by a company owned by the doctor. That means limiting benefits and wage payouts to injured workers whenever possible. Copyright 2005-2022 | All Rights Reserved Worldwide. But this isnt always the case in reality. Unfortunately, in most cases, you do. TALK WITH YOUR DOCTOR BEFORE THEY AGREE WITH A BAD IME! IME doctors understand that if they consistently side with the disabled claimant, they'll lose UNUM's business. Virginia Beach, VA 23462 (757) 455-8889 (888) 694-1671 (757) 455-6757 Elizabeth City Office (by appointment only) 507 E Main St #K Also, IME doctors do not always have all the treatment records. But that doesnt mean you cant challenge their opinion. Take your time. On rare occasions, an arbitrator will need to get involved to enforce a decision because either the employer or the insurance company is not willing to go along with what the IME doctor and your doctor both agree on. When applying for long-term disability benefits, you may be asked to undergo an independent medical examination (IME). The doctor kept me off work the first 2 1/2 days, then wrote for. Don't guess about the value of your claim. When you undergo an IME, youll want to take notes during and immediately after the exam so that you can be certain about what happened and what was discussed and know if something in the report doesnt sound right to you later. 2023 Work Injury Statistics: Complete Guide to the Latest Data Available. You can use this to contest the IME report at court. While it might be okay for you to return to work, it also might not. Released back to work without restrictions but cant work? Its not complicated. The process of choosing an IME doctor varies from state to state. FAQs When Can You Sue Your Employer for a Work Injury? If you dont help yourself, who will do it for you? Those notes to your attorney parties on the same page, an IME doctor from! Not unheard of for employers and insurance companies to use it to discredit your claim as,! While I was working in the state of Hawaii legal action on your we! 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