The questions I get from clients and potential clients are — what is an Independent Medical Examination, otherwise known as an IME, and must I attend the examination?
First, what is an IME examination? Â In workers compensation litigation, both the Claimant and the Employer are provided an opportunity to litigate, or “put on”, their case. Â Many cases revolve around medical issues, such as, whether there is a casual relationship between the injury and what you testified to about how you became injured, whether a pre-existing condition existed and whether that condition was aggravated, extent of the injury, the description of the injury, and whether your injury is a disabling injury, meaning, you can’t work because of the injury. Â This certainly is not an all-inclusive list of what your doctor may be asked to testify about, but they are common issues in medical testimony.
To refute our evidence, your employer/insurance carrier have a right to have you examined by a doctor of their choosing. Â This examination is an independent medical examination. Â Is it truly an ‘independent’ examination? Â No, of course not. Â Is there bias involved in this examination? Â Of course. Â There may even be bias involved with your doctor. Â It’s a reality. Â Many clients are confused at how a doctor can form an opinion based on one, limited examination. Â However, that is the Defendant’s opportunity to provide medical evidence to support their position in your case.
Now, the second question . . . Â must I attend the IME examination? Â Yes, you must. Â If you choose not to, your employer/insurance carrier will file a Petition with a Workers Compensation Judge to Compel your attendance. Â If you choose not to attend after that, your wage loss benefits will be suspended by the Judge. Â It is important you attend. Â If the IME examination is far in distance or you are unable to drive, the insurance carrier is required to provide transportation. Â Therefore, lack of transportation is not an excuse. Â The insurance carrier is entitled to an IME examination every six months.
On a side note, if you are not in litigation, you have an accepted work injury, and are getting paid weekly wage loss benefits, but receive a notification of an Independent Medical Examination, you should contact my office right away. Â An IME examination may very well be the precursor to the insurance carrier taking hostile action to try and modify, suspend, or terminate your benefits. Â You should seek legal advice right away. Â Our firm has offices in many locations throughout Central Pennsylvania and can meet with you FOR FREE at the office location nearest to you. Â The consultation costs you NOTHING. Â You can email me direct at mab@mooney4law.com or call our office at 1-877-632-4656 to speak with me or schedule an appointment.
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