Contact your claims adjuster immediately and request a different date. Understanding The Independent Medical Examination Process Before You Go, We Understand That IMEs Are Serious Business, Department of Health FAQ regarding Medical Complaints, Contact us today to schedule a complimentary and free case evaluation, Complete the Free Case Evaluation Form below, How to Settle a Washington State Labor and Industries Claim, Meet Chris Sharpe L&I Attorney & Lawyer, Permanent Partial Disability (PPD) L&I Settlement In Washington State, L&I Doctors and Medical Treatment in Washington State. FAQs How Can You Get Free Legal Advice for a Work Injury? 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. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. They: People in charge of your claim can request an IME and follow-up IMEs. You need to know if the insurance company has incorrect information about you, so you can correct mistakes. This is why many injured workers often find themselves wondering, what can I do if the IME doctor disagrees with my doctor? Under the Workers Compensation Act your employer or its insurer can force you to attend one IME per medical specialty per year. In cases where your employer's insurance company disputes your injuries, illness or disabilities, they may ask you to undergo an independent medical examination (IME). He has built a successful law practice by thoroughly educating, honestly helping, and successfully representing workers throughout Washington State. the IME doctor will send a report to your insurance company assessing the nature of your injury . It is the injured workers responsibility to salvage what they can from the L&I claim. For one, they must be licensed health professionals. L&I and Self-Insured claims managers schedule IMEs so they can move a claim toward the conclusion they desire. When you have long-term disability insurance benefits and want to know if youre going to keep them, you have to go through the IME process, but you also need to know what happens if the IME doctor agrees with your doctor and what happens if they have a different opinion from your primary doctor. Book a free consultation today. Get started with a free case assessment online 24/7. They also know the insurance company wont like it. Why is it important to speak with a lawyer if the IME doctor says you can work? Our team of experienced attorneys are here to help, and your consultation is free. The other possibility is that the IME doctors opinion differs from that of your personal doctor. Here are the details: An observer can be a friend or relative, not your attorney, paralegal, or doctor. The observer can attend the physical examination but not the psychiatric assessment as per WAC 296-20-2025. This observer can see and take note of anything the IME doctors do which may not be appropriate. You need a lawyer who can advocate for the treatment you need. To reduce the perception of bias, a random selection of IME doctors . This information is not intended to create, and receipt What's an Independent Medical Examination? You can call or text us at the number below: 2775 Harbor Avenue SW,Suite D, Seattle,WA98126-2138. You can use this to contest the IME report at court. In practicality, the IME doctor is going to need to ask the same questions they would ask their own patient to be able to proper evaluate the cause of the plaintiff's present condition. So what happens if the IME doctors opinion disagrees with the opinion of your treating physician? Here are the steps to take if you are wondering, "What should I do when an IME doctor disagrees with my doctor?": Make Sure You Have a Copy of the IME's Report - You should have received a copy of the IME's report. An L&I settlement is money paid at claim closure. This article was reviewed by Victor Malca a licensed workers compensation and social security disability attorney at law for over 27 years. Address:404 3rd Ave N #201,Minneapolis, MN 55401Phone:+1 612-334-3434. L&I and Self-Insured employers are not interested in treating work injury claimants fairly. A lawyer can help mitigate that impact and perhaps improve chances of a favorable settlement. Meaning, they are not as independent and impartial as they are supposed to be. A doctor who is supposed to be objective in the situation performs the IME. In reality, the physical examinations are usually very short, some lasting less than ten minutes. 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. I. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. Getting a second (and sometimes third) medical opinion can help support your claim. While each state has its own rules and regulations regarding workers comp claims, every state mandates that injured workers must be evaluated and diagnosed by a medical professional approved by the employers insurance company. However, if your attending physician disagrees with a bad IME, there is still hope for your claim. Can Illegal Immigrants Claim Workers Compensation? All doctor's fees and travel expenses will be paid by the insurer, who must also choose a reasonable time and place for the appointment. On the contrary, most of them are instructed to disprove your claim. Strictly speaking, you do not have to go back to work when an independent medical examiner disagrees with your doctor. Don't guess about the value of your claim. During one exam, the doctor suggested there was an issue with his lungs and referred the employee to another doctor. In Hoover, the employer required employees get medical evaluations from its doctor. If you havent been able to dress yourself since the accident, or sometimes have trouble making it to the bathroom in time, you must speak up. If you dont help yourself, who will do it for you? Finding a Compromise. I injured my thoracic spine and ended up with sciatic nerve pain shooting across my left buttock and down my leg. (You can read more in our guide to handling an IME.). If you didn't, you are entitled to a copy. You wont often find doctors certified in surgery, orthopedics, or other specialties performing medical evaluations for workers comp insurance companies. Wherever you choose to take your notes, there are several details that you should take note of, and you should do it while your memory is still fresh so that you can ensure that your notes are as accurate as possible. 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. How To Pass A Continuing Disability Review. Instead, their job is to protect the best interests of the insurance company. Honesty is the most important part of all interactions with your worker's compensation doctor. According to California Civil Discovery Practice (CEB 4th Ed. An IME doctor is selected by the Board. Whats an Independent Medical Examination? My name is Chris Sharpe. Its up to the injured worker to stand up for themself and fight back against these dirty tactics. var anchor_id = jQuery(this).attr("href").split("#")[1]; Unfortunately, in most cases, you do. Think about that. Dabdoub Law Firm is a highly specialized disability insurance law firm based in South Florida offering representation to disability claimants across the country. When Can Independent Medical Exams be Requested? Medical treatment is stopped immediately. My finger got caught in a shopping cart and then smashed on a conveyor belt while I was working in the state of Hawaii. SAVE YOUR RECEIPTS!!! 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. L&I will ask and the examining doctor will answer questions written by claims managers who are in search of specific answers to help close your claim, deny treatment and pay you little. That means limiting benefits and wage payouts to injured workers whenever possible. The simple answer is that IME doctors arent always right. } Company doctor not taking me off work so I can heal? If your attending physician agrees with a lousy IME, YOU HAVE A BIG PROBLEM. 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. jQuery(window).load(function() { If youre already working with an attorney, you should then give those notes to your attorney. There are several things that you should take note of. The answer is the Independent Medical Examination or IMEalthough as you'll see, an IME is hardly "independent.". The exception is when the doctor only has an IME practice, it is almost only defense, and the doctor make hundreds of thousands of dollars a year. Step", So far so good! 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. We are very short staffed, so I went in on my day off to. If your IME doctor isnt licensed or doesnt meet the states qualifications, then they have no business conducting IMEs. 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. Click here to see if you qualify now. }, 1000); Categories Independent Medical Examinations If a nurse threatens to stop your workers comp benefits if you wont let her come to your doctor appointments, immediately contact a personal injury attorney for advice. Not only could it risk delaying your recovery (or making your injury worse); but, if you are still entitled to benefits (i.e. You Need Help With: The physician treating you has seen you several times, which means they should better understand your injuries. 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 . Who Are These Independent Medical Exam Doctors? Doctors hired to perform IMEs are paid by the workers comp insurance company handling your claim. Routine Medical Needs and Workers Compensation Benefits, Work Comp Claims for Nurses & Hospital Staff, Workmans Compensation Insurance Minnesota. 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. The insurance company will send copies of your medical records to the IME doctor well before the scheduled exam date, usually along with a cover letter telling the doctor what they want to know about your condition. Opinion disagrees with a lousy IME, you are entitled to a copy L! Contrary, most of them are instructed to disprove your claim this information is not intended to create and! Insurer can force you to attend one IME per medical specialty per year across country... Doesnt meet the states qualifications, then they have no business conducting IMEs of. Sometimes third ) medical opinion can help mitigate that impact and perhaps improve chances a! 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