Independent Medical Exam (IME) Guide: Understanding How the Defense IME Can Affect Your Workers Compensation or Car Accident Case

 

Learn How to Deal with the IME Doctor in Your Workers Comp or Personal Injury Case So That You Can Counter Common Tactics Designed to Decrease the Value of Your Claim.

 

You have done everything right since the work accident. You completed a work injury report letter and notified your employer immediately. You chose a treating physician from the list of workers compensation doctors given to you by the employer. You filed a claim for benefits with the Workers Compensation Commission. And you have followed every recommendation made by your doctor so that you can recover and get back to work.

 

But now the workers comp insurance company or third party administrator (TPA) is demanding that you attend a defense Independent Medical Examination with a doctor that you have never heard of and whom has never examined you before. You have several questions:

 

• What is an IME?

 

• Who can ask me to attend an IME?

 

• Why does the insurance company want an IME?

 

• Will I have to pay for the Defense Medical Examination?

 

• When will the insurance company schedule an Independent Medical Examination?

 

• Does the insurance company get to choose the IME doctor?

 

• What criteria do insurance companies use when selecting a doctor for the Independent Medical Examination?

 

• Who will schedule the examination?

 

• What can I expect to happen during the Defense Medical Examination?

 

• How will the IME doctor’s opinions affect my workers comp case?

 

• What legal right does the employer or insurance company have to make me attend an Independent Medical Examination?

 

• Are there limitations on the scope of the Independent Medical Examination?

 

• What happens if I refuse to undergo a Defense Medical Examination?

 

• When is it ok to refuse to attend an IME?

 

• What can I do if the Workers Compensation Commission stops my benefits because I did not attend the IME?

 

• What are the best ways to prepare for the Defense Medical Examination?

 

• What should I say to the IME doctor at my exam?

 

• Am I allowed to tape or video record the medical examination?

 

• What should I do after the IME to make sure the doctor’s report is fair and accurate?

 

• Do the IME rules in workers compensation also apply to auto accident or personal injury lawsuits in state and federal court?

 

• Should I agree to a pre-litigation IME to try to resolve my claim quicker?

 

• How can an attorney help me handle the Independent Medical Examination process?

 

The purpose of this article is to guide you through the Independent Medical Examination in workers compensation so that you understand what it is, what your legal rights and obligations are, and what you can do to increase the likelihood that the IME helps your claim and does not hurt you.

 

Handling the Independent Medical Examination correctly is often the difference between a workers compensation settlement that provides financial security to you and your family, or receiving a small amount that leaves you struggling. An unfavorable IME report can devastate your claim and your family’s well-being. And IME doctors are often biased in favor of the insurance company.

 

Keep reading to learn more. And call me if you are looking for a Virginia workers compensation lawyer or Richmond car accident attorney that is consistently voted one of the best by his peers and past clients: 804-251-1620 or 757-810-5614. I can guide

 

What is an Independent Medical Examination (IME), also called a Defense Medical Examination (DME)?

 

An IME is a one-time medical evaluation conducted by a physician with whom you have no treating relationship and have likely never seen or heard of before.

 

In theory the IME doctor should conduct a fair and objective evaluation of you and issue a written report with objective findings. The workers comp IME, however, is often unfair for reasons discussed in greater depth below. In fact, many personal injury attorneys think the word “Independent” should not be used because there is often a bias toward the insurance company against the injured worker or accident victim.

 

Who Requests an Independent Medical Examination?

 

Usually your employer or its insurance company will ask for the IME.

 

The Workers Compensation Commission also has the power to ask you to attend an IME under Virginia Code Section 65.2-606. But this is rare. I have handled more than 1,000 workers compensation cases and not once has the Commission requested an IME.

 

Why is the Insurance Company Asking for an Independent Medical Examination?

 

In my experience the insurance company will ask you to attend an IME if it disagrees with your treating physician’s opinions about:

 

• The relationship between the work accident and your diagnosed injuries.

 

• Whether your work injury aggravated, accelerated, exacerbated, or flared up any pre-existing conditions you may have had. This is because the insurance company is responsible for any worsening of your pre-existing condition.

 

• The necessity for recommended medical care, including pain management or surgery.

 

• Whether you will have permanent impairment because of the work injury.

 

• Whether you continue to have work restrictions that prevent you from performing your pre-injury job.

 

• Whether you are capable of returning to light duty work.

 

Always remember that the insurance company is asking the doctor to find information to justify a denial of your claim or the payment of a lower settlement amount. The IME is used as a cost-savings device for workers comp and liability insurance companies.

 

It may also request an IME if the parties are trying to settle the workers comp claim, but expert witnesses disagree on the need for and value of future medical treatment.

 

Who Pays for the Independent Medical Examination?

 

The party asking for the IME must pay the physician that completes the examination. If the insurance company wants you to attend a Defense Medical Examination, then it must pay for it. Usually doctors charge from $1,000.00 to $5,000.00 to examine an injured worker or accident victim and write a report.

 

If the Workers Compensation Commission orders an IME, then the Commonwealth of Virginia will pay the fees and expenses of the physician.

 

You will never have to pay for an IME unless you disagree with your treating physician’s opinions and decide to see a new doctor for a second opinion. I have hired IME doctors to examine my clients and help present their claims.

 

When Will the IME Take Place?

 

The insurance company may ask you to attend an Independent Medical Examination at any time after your work injury and the filing of a claim.

 

This means you may receive a request to attend an IME before the insurance company accepts the claim or offers an Award Agreement form.

 

In my experience insurance companies will ask you attend an Independent Medical Examination if you:

 

• Suffered a muscular injury, such as a herniated disc, strain, or sprain to your back or neck, that is taking more than 3 months to heal.

 

• Suffered a catastrophic injury, such as traumatic brain injury, a spinal cord injury resulting in paralysis, a burn injury, or amputation, that prevents you from returning to any type of work, so that the insurance company can get a better idea of future medical costs in preparation for workers comp mediation or settlement.

 

• Received a recommendation for surgery, such as a total knee replacement or a spinal fusion, and the insurer wants to find a way to issue a medical treatment denial that requires you to prove your claim at a workers compensation hearing.

 

• Received a recommendation for chronic pain management and the insurance company wants an opinion that states it is unnecessary or unrelated to your work accident.

 

• Have reached maximum medical improvement (MMI) and the insurance company disagrees with the permanent restrictions found in the Functional Capacity Evaluation (FCE) or the permanent impairment rating. The insurer will use the IME doctor to come up with different restrictions, or none, and a lower impairment rating.

 

Who Chooses the IME Doctor?

 

In most cases the insurance company selects the physician who will conduct the Independent Medical Examination, without seeking input from your attorney.

 

What Do Insurance Companies Look for When Selecting the IME Doctor?

 

Insurance companies spend a lot of time, money, and resources figuring out which doctors are conservative on workers compensation issues and which doctors are more claimant friendly. Insurers like conservative doctors and use them for Independent Medical Examinations.

 

A conservative doctor is one that:

 

• Has a track record of returning injured employees to work faster than other doctors. These are doctors who may release you to full duty before you are capable of it.

 

• Believes that people are capable of some form of work no matter the injury, and will never disable a person from all work completely. This would trigger a duty to look for work to receive workers comp benefits.

 

• Gives low permanent impairment ratings compared to other doctors who rate the same types of injuries.

 

• Opposes surgical management in many cases, or is slow to recommend it.

 

• Opposes chronic pain management and the prescription of opioids or narcotics.

 

• Often finds injured workers guilty of malingering or symptom exaggeration.

 

Having represented hundreds of injured workers, I see insurance companies use the same few physicians for IMEs in multiple cases. Some doctors earn more money examining workers comp claimants and writing unfavorable reports than they do treating patients. In fact, many IME doctors are semi-retired physicians who supplement their retirement income by writing reports that harm injured workers’ claims.

 

Who Schedules the IME?

 

In workers comp the insurance company usually sends both you and your attorney a Notice of Defense Medical Examination. Sometimes you will have advance warning that the insurance company wants you to attend a DME. But often you will not.

 

If you are unable to attend the IME for any reason, let your attorney know as soon as possible so that he can try to reschedule the examination on your behalf.

 

What Happens During the IME?

 

Before the Independent Medical Examination the insurance company will send the IME doctor your medical records, diagnostic reports, and other documents it has obtained through the workers comp discovery process.

 

More than likely the insurance company’s defense attorney will send a letter to the doctor telling him or her what issues are disputed and giving suggested answers to questions the insurance company may ask.

 

When you arrive the IME doctor may ask you to complete various questionnaires and forms. This is where having an attorney helps. You should have already received these forms and questionnaires so that you could discuss correct and appropriate responses with your attorney.

 

After you complete the forms, you will meet with the IME doctor. The doctor should explain that no physician-patient relationship exists. It is important that you remember this throughout the examination. The IME doctor is not your friend.

 

Whatever you tell the doctor may find its way into the IME report – especially if it hurts your case and helps the insurance company. The doctor may also include observations in the report. So if the doctor sees you get up and down from the table with no problem and you suffered a back injury, the doctor will put that in the report. The judge will then evaluate the inconsistency between your hearing testimony and this observation during your trial.

 

During the exam the doctor may ask you questions about any pre-existing conditions, how your work injury happened, and what treatment you’ve had so far. You should prepare for these questions before the IME.

 

You should also ask the IME doctor whether he or she has any recommendations for your medical care.

 

After the IME the doctor will send the parties a copy of his or her written report and opinions. You should review this report with your attorney and point out things you disagree with.

 

How Will the Defense Medical Examination Report Affect My Case?

 

The Independent Medical Examiner’s report can play an important role in your workers comp case.

 

First, let’s discuss an uncommon situation – the favorable IME report. If the IME report supports your position and is consistent with your treating doctor’s opinions, there is a high probability that you will win your case.

 

Now, let’s discuss the most common situation – the unfavorable IME report.

 

Depending on the examining doctor’s reputation, the judge hearing your case may give significant weight to the report. If the report finds that you have reached MMI and are capable of returning to full duty work, you may lose benefits.

 

On the other hand some IME doctors have poor reputations from years of working for insurance companies and issuing reports finding that the injured employee is “faking” it no matter the type of injury. An experienced workers comp attorney will tell you if your IME doctor has a bad reputation with the Commission. In these situations the judge is unlikely to give great weight to the Defense Medical Examination, if any.

 

Usually the best way to challenge an IME doctor’s opinions is to have your treating physician review the report and write a report contradicting the opinions. Another way to challenge the IME is to have your attorney depose the IME doctor. This is effective if the IME report shows that the doctor was unfamiliar with your case or made blatant mistakes.

 

Why Do I Have to Go to an Independent Medical Examination?

 

When you seek monetary damages or workers compensation benefits for your mental or physical condition, the insurance company or other party defending the case may have a doctor of its own choice examine you.

 

The insurance company’s right to make you attend an IME is found in Virginia Code Section 65.2-607, entitled Medical Examination; Physician-Patient Privilege Inapplicable; Autopsy. It states:

 

A. After an injury and so long as he claims compensation, the employee, if so requested by his employer or ordered by the Commission, shall submit himself to examination, at reasonable times and places, by a duly qualified physician or surgeon designated and paid by the employer or the Commission. However, no employer may obtain more than one examination per medical specialty without prior authorization from the Commission, based upon a showing of good cause or necessity. The employee shall have the right to have present at such examination any duly qualified physician or surgeon provided and paid by him. No fact communicated to, or otherwise learned by, any physician or surgeon who may have attended or examined the employee, or who may have been present at any examination, shall be privileged, either in hearings … or any action at law brought to recover damages against any employer [under the Workers Compensation Act].

 

Are There Any Limits on the Defense Independent Medical Examination?

 

In Virginia workers compensation there are limitations on Defense Medical Examinations.

 

Common reasons to object to an Independent Medical Examination include:

 

• Distance and Location of the Defense Medical Examination. To try to steer you to one of their favorite IME doctors, the insurance company may ask you to attend a medical exam far from your home. Avoid doing so if you can. You have no obligation to travel more than 50 miles from your residence when there are capable physicians closer to where you live. When filing an objection, include screen shots of a Google search showing how many doctors in the same specialty are closer to you.

 

• Insurance Company is Asking You to Attend Multiple IMEs in the Same Medical Specialty. Though the insurance company can request that you attend more than one IME, it cannot ask you to attend more than one IME in the same medical specialty. For example, if you attended a Defense Medical Examination with an orthopedic doctor and the insurer wants you to attend a second IME with a different ortho doctor, you can and should object. There is, however, an exception to the rule. If you have not participated in an IME in more than one year, the Commission may require you to undergo a second IME in the same medical specialty.

 

• Insurance Company Wants You to Check into the Hospital or Gain Admission to a Residential Program as Part of the IME. The Commission will not allow a medical examiner to admit you into a hospital as part of the IME or to ask you to attend an institutional program without prior approval of your treating physician or the Commission itself. An IME doctor is limited to asking you to undergo noninvasive medical tests and procedures, such as an MRI or nerve conduction study.

 

• Lack of Timely Notice. In my experience the Commission will require an insurance company to provide at least 10 days’ notice of an Independent Medical Examination, unless you agree otherwise.

 

• Lack of Transportation. If you do not have a car, or are restricted from driving because of cognitive difficulties or the use of a wheelchair, cane, or crutch, you can object to the IME and demand that the insurance company provide transportation.

 

• Length of Examination. If the insurance company asks you to attend a medical examination that will take more than one day, you may have a valid reason to object. There are, however, situations where the Commission will allow an IME to take place over multiple days. For example, the Commission may allow a two-day medical examination if you are seeking benefits for post-traumatic stress disorder (PTSD) or a head injury resulting in post-concussion syndrome.

 

• Requirement that You Bring Medical Records, Reports, and Diagnostic Films. Often the insurance company will ask you to bring copies of all medical records and diagnostic reports and films (X-rays, MRIs, CT scans) to the medical examination. You should object to this request, especially if you do not have complete copies. The insurance company is capable of requesting these documents.

 

• Transportation Expenses. If you are unable to report for a Defense Medical Examination because you do not have money for transportation, you can demand that the insurance company pay for or provide transportation.

 

If any of these grounds for objection exist, make sure you file a formal objection with the Workers Compensation Commission and ask the deputy commissioner to rule on your objection before the date of the IME.

 

What Happens if I Refuse to Attend the IME?

 

Refusing to attend the workers compensation Independent Medical Examination puts your lifetime medical benefits, wage loss payments, including temporary total disability and temporary partial disability, and permanent partial disability benefits at risk.

 

Virginia Code Section 65.2-607(B) explains the penalty for ignoring a scheduled IME:

 

If the employee refuses to submit himself to or in any way obstructs such examination requested by and provided for by the employer, his right to compensation and his right to take or prosecute any proceedings under this title shall be suspended until such refusal or objection ceases and no compensation shall at any time be payable for the period of suspension unless in the opinion of the Commission the circumstances justify the refusal or obstruction.

 

Put simply, you may stop receiving workers comp payments or medical care until you attend the IME appointment – unless you have a good reason to refuse to attend.

 

When is a Refusal to Attend an Independent Medical Examination Justified?

 

If there is a dispute over whether your refusal to attend the DME is justified, the Commission will look at the facts from your viewpoint. Be careful though. This does not mean you will win on the issue automatically.

 

In my experience, the Commission may find the following reasons to serve as a reasonable basis for refusing to attend or to complete the Independent Medical Examination:

 

• The IME doctor asked you to check yourself into the hospital as part of the exam.

 

• The insurance company did not give adequate notice of the examination.

 

• The IME doctor asked you to undergo invasive medical procedures, including epidural steroid injections, as part of the Defense Medical Examination.

 

• You were anxious or scared to undergo the test recommended by the IME doctor, such as a stress test.

 

• You were scheduled to go out of town on the date of the exam and cannot cancel the trip without financial harm.

 

• Your treating physician does not think you should undergo the IME for medical reasons.

 

When possible, file a Motion to Quash the Defense Medical Examination if you cannot attend for some reason or if your authorized treating doctor does not think you should attend. If a deputy commissioner rules on the motion before the date of the IME, you can avoid the suspension of your benefits and protracted litigation.

 

What Should I Do if My Workers Comp Benefits Stopped Because I Refused to Go to the Defense Medical Examination?

 

You are allowed to cure a refusal to attend or to participate fully in an Independent Medical Examination.

 

If the insurance company is threatening to suspend your workers comp payments or medical benefits because you missed an IME appointment that you are now willing to attend, send a letter to defense counsel or the claims adjuster stating that you will attend an IME if it is rescheduled and giving your available dates. Send the letter by certified mail, with a courtesy copy filed with the Workers’ Compensation Commission.

 

If the Workers Compensation Commission has already entered an Order suspending your workers comp benefits because you did not attend an IME, you should not only send the above letter to the insurance claims adjuster or defense counsel but also file a change in condition claim seeking reinstatement of benefits, with a copy of the letter attached.

 

How to Prepare for the IME

 

There are several things you can do before the Defense Medical Examination to make yourself more comfortable at the exam. For example you should write down and review the following items with your attorney before the DME:

 

• Your complete medical history for the past 20 years, including any prior work injuries or motor vehicle accidents.

 

• How you were hurt at work, including the specific mechanism of injury.

 

• What symptoms, if any, you had before the work accident.

 

• Each and every part of your body injured in the work accident.

 

• Every body part that has started giving you trouble since the work accident. For example, it is common to experience right knee problems if you hurt your left knee at work and now walk with a limp. You may be eligible for workers comp for the right knee as a compensable consequence of the initial injury.

 

• What symptoms you continue to experience on a weekly basis.

 

• What hobbies and activities you can no longer do, or no longer do as well, because of the work injury.

 

• What medication you are taking now.

 

• What treatment you have received and whether it is helping.

 

• What side effects of medications you experience.

 

• Any trouble you have with driving.

 

• What pre-injury job duties and responsibilities would continue to cause you trouble.

 

• Whether you are experiencing depression and anxiety because of the work injury and accompanying pain.

 

After discussing the written summary with your attorney, review it a few times before the IME appointment. But do not give the written summary to the IME doctor.

 

Tips for Handling the Independent Medical Examination and Speaking with the Doctor

 

The IME report is important to your workers comp or personal injury case. A favorable report increases the likelihood that the insurance company will make a fair settlement offer. An unfavorable report increases the likelihood that the employer will file an application to terminate or suspend your workers comp benefits, forcing you to litigate your case for much longer or to accept a lower settlement offer.

 

Understanding the importance of the Independent Medical Examination in tort law, I recommend you follow these tips on the date of the exam and when meeting the IME doctor:

 

1. Leave early. The IME process is nerve-wracking, as is. Give yourself plenty of time to arrive at the IME on time so that you are less stressed.

 

2. Carry the IME doctor’s telephone number with you. If you get lost, or are running late, call the doctor’s office for help or to give notice.

 

3. Leave the day open. To reduce your stress, do not plan any activities after the IME in case it goes long. Those of you with children or other guardianship responsibilities may want to ask family members or friends for help.

 

4. Be pleasant and have a good attitude. Even though IMEs are often used by insurance companies to limit the value of cases, you should still treat the doctor with respect. While a good attitude does not guarantee a fair and objective defense medical examination, a poor attitude can almost always guarantee a negative medical report.

 

5. Listen to the doctor’s questions closely. If you do not understand a question, ask the doctor to rephrase or repeat it. Do not guess or rush through your answers.

 

6. Tell the truth. Expect the doctor to know about any pre-existing conditions or prior injuries you may have had at the time of the accident, or whether you have a history of arthritis or degenerative disc disease.

 

7. Do not discuss the status of settlement negotiations or whether you want to settle your case with the doctor. Doing so could result in the doctor’s report stating you are malingering or exaggerating your symptoms to get a larger payout.

 

8. Do not discuss any frustration, problems, or anger you have with your employer, the defendant, or the insurance claims adjuster.

 

9. Do not discuss the pending claim, hearing, or trial with the IME doctor.

 

10. Be specific when describing the activities that increase your pain and other symptoms.

 

11. Remember that the doctor is watching to see if you have trouble walking to or from the examination room, bending over to touch your toes, getting up and down from a seated position, or getting onto the exam table. Act as though you are being watched at all times.

 

12. Do not agree to take any written tests or undergo any diagnostic examinations unless you were told about them before the DME.

 

13. Do not agree to check into a hospital or medical facility not agreed upon previously.

 

14. Keep track, in writing, of what happens during the exam and how long each part of the exam takes place. Break your written summary into 5 to 10 minute intervals. If possible, do not let the doctor know you are documenting the exam in writing.

 

15. Take a friend, family member, spouse, or doctor to the examination to observe. This person can testify on your behalf at hearing if the IME doctor’s report is inconsistent with what actually happened on the date of the exam.

 

16. Do not sign a waiver giving up your right to pursue a medical negligence claim if you are hurt during the IME. You can sue the IME doctor for medical malpractice in limited circumstances.

 

Can I Record the Independent Medical Examination with a Video Camera or Tape Recorder?

 

Virginia is a “one-party consent” state. This means you can record the IME.

 

I do not, however, recommend doing so secretly.

 

At the beginning of the examination take out the tape or video recorder (or your smart phone) and ask the doctor if you can tape record the examination. Many IME doctors may not like it, but you have the right to do so. And by telling the doctor about it upfront, there is a better likelihood that the doctor will do a complete and thorough examination and reach fair conclusions, rather than a short examination that leads to preconceived unfavorable opinions.

 

What to Do After the IME

 

After the Defense Medical Examination, I recommend going to your vehicle and taking 30 minutes to write down everything you remember about the examination.

 

This includes:

 

• The questions you were asked.

 

• Your answers to the IME doctor’s questions.

 

• How long the doctor spent examining you.

 

• Anything unusual that took place in the exam room, including in appropriate comments made by the doctor.

 

• Anything your doctor said about the attorneys in the case, the nurse case manager, or the treating physician.

 

Your attorney will use this information to counter the Independent Medical Examination report at trial or during settlement negotiations, and to show any inconsistencies in the report.

 

Will I Need to Attend an Independent Medical Examination in My Personal Injury Case?

 

My tips on how to handle an Independent Medical Examination in workers compensation cases also apply to those of you who bring a products liability or personal injury lawsuit in state or federal court based on another person or company’s negligence.

 

IMEs in Personal Injury Actions in Federal Court

 

Rule 35 of the Federal Rules of Civil Procedure is titled Physical and Mental Examinations. It states:

 

… The court where the action is pending may order a party whose mental or physical condition – including blood group – is in controversy to submit to a physical or mental examination by a suitably licensed or certified examiner …

 

The order to compel a plaintiff to attend a Defense Medical Examination:

 

(A) may be made only on motion for good cause and on notice to all parties and the person to be examined; and

 

(B) must specify the time, place, manner, conditions, and scope of the examination, as well as the person or persons who will perform it.

 

In most, if not all, personal injury and auto accident cases there is no dispute that the plaintiff’s physical and mental condition are in dispute. Usually the parties will negotiate the specifics of the Defense Medical Examination, including the time, place (usually the jurisdiction where litigation is pending), length, doctor, and who can attend. Then they will enter into a written stipulation confirming their agreement.

 

After the Defense Medical Examination takes place, the defendant in your injury lawsuit must send you copies of the written report. The report must set out in detail the examiner’s findings, including diagnoses, conclusions, and the results of any tests. Failure to do so may result in the court excluding the examiner’s testimony at trial.

 

IMEs in Personal Injury Actions in State Court in Virginia (Circuit Court)

 

In Virginia a trial judge has the power to require you to submit to an examination by a physician. This power is found in Rule 4:10 of the Rules of the Supreme Court of Virginia, titled Physical and Mental Examination of Persons.

 

Rule 4:10 states, in part:

 

(a) Order for Examination. When the mental or physical condition (including blood group) of a party, or of a person in the custody or under the legal control of a party, is in controversy, the court in which the action is pending, upon motion of an adverse party, may order the party to submit to a physical or mental examination by one or more health care providers … employed by the moving party … The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties, shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made, and shall fix the time for filing the report and furnishing the copies.

 

In Virginia the insurance company must choose a physician who is resident in or practices in Virginia to conduct the Independent Medical Examination. If not, the insurance company must have a good reason for using an out-of-state examiner and must get the court’s approval.

 

After the Independent Medical Examination is completed, the insurance company must file a copy of the examiner’s written report with the court and send a copy to you. This written report may be read into evidence at trial if you decide to offer it. The only reason you would offer the report is if it is supportive, which is uncommon.

 

Should I Submit to an Independent Medical Examination Before Filing a Workers Comp Claim or Personal Injury Lawsuit?

 

Some insurance companies will ask you to attend a Defense Medical Examination before filing a claim or lawsuit, with the promise that you will receive a fair settlement offer if the examination supports the injuries and disabilities you allege.

 

Do not agree to this request.

 

First, you have no obligation to attend an IME unless you have filed a claim or civil action.

 

Second, I have never seen an insurance company make a fair settlement offer after a pre-litigation IME, because the IME is rarely favorable.

 

How Can An Attorney Help Me Handle the Defense Medical Examination?

 

Finding out that the IME doctor does not believe you are as injured as you allege, or that you are capable of returning to work when you continue to experience symptoms and restrictions, can be devastating. But it is part of litigation, unfortunately.

 

As an attorney who has reviewed hundreds, if not thousands, of IME reports, nothing surprises me. I rarely read an IME report that finds my client credible or as injured as alleged or described by the treating physician. But getting upset won’t help. Instead, you have to take action to continue to put yourself in the best position possible to get the benefits and monetary damages you deserve.

 

In addition to helping you prepare for the IME to get the best outcome possible, an attorney can help you deal with an unfavorable Independent Medical Examination report by:

 

• Researching the IME doctor to determine education, medical specialties, years of practice, current work status (i.e., is the doctor semi-retired), medical malpractice complaints, and any discipline or medical licensing board problems.

 

• Speaking with other workers comp and personal injury attorneys to learn more about the IME doctor’s habits and tendencies so that these can be used on cross-examination.

 

• Showing that the IME doctor’s findings are based on incomplete or incorrect information. For example, the IME report should not be given any weight if the doctor was not aware of objective findings, such as MRIs or CT scans, showing your injuries.

 

• Showing that the IME doctor should be given no weight because the examination itself was inadequate, too short, or based on insufficient knowledge. Your efforts to track what happened during the appointment can help your attorney prove this.

 

• Working with your treating physician to explain why the DME doctor’s opinions are wrong.

 

These are just some of the ways to fight back against an unhelpful workers comp IME doctor.

 

If you have more questions, or are looking for help with your workers comp case, call me for a free consult: 804-251-1620 or 757-810-5614. I look forward to helping you get all the medical treatment and compensation you deserve.