She has a passion for helping those in need and the elderly with accurate legal information that can make a positive difference in their lives. Your Email: In fact, most often, the insurance company is the one paying for the exam, so you should be aware that even a small discrepancy between what you say is a limitation and what youre showing in the way that you behave can cast doubt on your truthfulness. In this situation, you need to be very careful about your next steps. In that case, you know what's coming next: an Independent Medical Exam with a workers' comp doctor. To report a doctor who has been improper you can complain. if(jQuery("#masthead").css("position") === "fixed"){ Forced to go back full time on light duty, but still have pain? I never consider a an IME exam to be independent because you are required pursuant to the terms of your disability . It is generic information for informal purposes only. Expertise counts, so use it to your advantage. There is no guarantee that the IME doctor will agree with the veteran's thinking and if the report is not in agreement with the veteran, he/she will not get their money back. and the Osterbauer Law Firm stand up for injured Minnesota workers rights. Review exactly how the accident happened and be prepared to re-tell the details to the IME doctor. The IME doctor will observe the plaintiff from the moment they first meet. You have NO right to confidentiality with this medical exam. FAQs How Can You Get Free Legal Advice for a Work Injury? Please answer a few more questions and then click "Go to Last Find out if you are entitled to compensation. Consult with a licensed attorney in your state before relying on any information found on this site. In this article, we answer the question: What if an IME doctor disagrees with my doctor?. However, if the deficit in both ranges of motion are moderate or higher, and the measures are within 10 degrees of each other, up to 10% may be added to the overall schedule loss of use, not to exceed ankylosis." In the 2018 Guidelines, note Table 5.4 (a), p. 31. Some states give that prerogative to the injured worker. I was lifting a. You will know that you have taken important steps to get your claim moving in the right direction. It never hurts to have your own witness to the exam. His law firm is helpful, honest, and knowledgeable about workers' compensation and personal injury law in the State of Washington. And insurance companies arent exactly known for their generosity. Can You Claim Unemployment and Workers Comp at the Same Time? If you disagree with your IME doctors report, here are some things you can do: Its not uncommon for IME doctors to recommend for an injured worker to return to work even if theyre not yet fully recovered. Injured on the job? Who Are These Independent Medical Exam Doctors? 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. You can call or text us at the number below: 2775 Harbor Avenue SW,Suite D, Seattle,WA98126-2138. If you cant help yourself, contact a lawyer to see if they will help you. Talk to a workers compensation attorney. Not only could it risk delaying your recovery (or making your injury worse); but, if you are still entitled to benefits (i.e. Step". The insurance company can also authorize your employer to accommodate work restrictions so that you can continue to work with modified arrangements, or they can also say that you need to have additional treatments before you can be considered for benefits again. The state agency will review the doctor's report along with all of the other }, 1000); Joes 27 years of workers compensation experience and his teams speedy service combine to get clients the results they need. (this is a problem). The physician treating you has seen you several times, which means they should better understand your injuries. In most cases, the adjuster working your claim chooses the IME doctor you will be required to see. Dont try to conceal pre-existing conditions. Please use the button below to see how else we can help. SAVE YOUR RECEIPTS!!! If you are requested to undergo an independent medical examination (IME) after applying for long-term disability benefits, the purpose of the examination is typically to undervalue or completely discredit your claim. If youre injured on the job and making a workers compensation claim, you must be medically evaluated and treated by doctors approved by your employers insurance company. Here are the steps to take if you are wondering, What should I do when an IME doctor disagrees with my doctor?: When an independent medical examiner disagrees with your doctor, this is not the end of your workers compensation claim. But that does not mean you do not qualify. Do I Have to Go to UNUM's Medical Examination? Independent medical examiners routinely dispute doctors treatment recommendations. 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 . Find out now with a free claim assessment. Even when doctors would normally recommend those diagnostic or therapeutic services, in workers comp cases, they wont mention it to the injured worker. By submitting, you agree to the Terms & Conditions. Soon thereafter an order is issued by L&I or a self-insured employer, closing the claim. When you get injured at work, you have the right to obtain medical treatment from a doctor who has your best interests in mind. I was using an electric pallet jack and the machine surged backwards, pinning my upper arm next to a beam and piece of steel. Osterbauer Law Firm works with injured clients throughout the Twin Cities Metro and Greater Minnesota including Minneapolis, St. Paul, Rochester, Duluth, Bloomington, Brooklyn Park, Plymouth, St. Your claim will change after an Independent Medical Examination. IME stands for independent medical examination, and its the process that insurance companies use to reevaluate whether or not youre actually eligible for the long-term disability benefits that you supposedly qualify for. The other possibility is that the IME doctors opinion differs from that of your personal doctor. There are three types: PERMANENT PARTIAL, Who is Christopher Sharpe? Try to get a copy of that letter. View our Privacy Policy. The carrier often has an investigator record video of you the day before the exam, the day of the exam, and the day after the exam to try to find inconsistencies. *By requesting a free consultation, you confirm that you are 18 or older and do not have an attorney. Because of their financial interests, some doctors may order unnecessary or questionable tests or medical treatments hoping the insurance company will pay for them. Has the workers claim-related medical condition reached maximum medical improvement? The insurance company calls it a request, but the hard truth is that if you refuse to undergo the IME, your claim will be flatly denied. Call our worker compensation Attorney at 415-404-6395 or 415-738-240. 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. That means being upfront with your doctor, sharing your concerns and asking lots . They are not independent and are not medical exams. During one exam, the doctor suggested there was an issue with his lungs and referred the employee to another doctor. Like the doctor who orders custom braces or orthotic shoe inserts that can only be made by a company owned by the doctor. If the IME doctor agrees with your doctor in terms of the treatment that you're 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. According to California Civil Discovery Practice (CEB 4th Ed. Its not complicated. Nothing on this site should be taken as legal advice for any individual In many cases, after an IME, a PPD award is not nearly enough compensation for serious injuries. With the nurse case manager in the room, anything you say or do during the examination can be used against you. And as such, the WorkCover insurer refuses to pay for any medical treatment related to the depression. 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. What is an L&I Settlement? You have clear legal rights; and, if the IMEs report is inaccurate, you should still be able to collect the benefits you deserve. The IME is a type of medical examination where an independent third party evaluates the condition of an injured worker. The IME doctor will not prescribe medication, will not treat you, and is not there to help. In this case, the insurance provider can stop paying your claim. 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. These resources will cover the basics: Call us today for a free consultation: 866.438.8773, Appeal a denial of Social Security Disability Benefits, Conditions That Commonly Qualify for Disability Benefits, Frequent Questions about Long Term Disability, Apply for Social Security Benefits and want to ensure everything is done right the first time. IME doctors understand that if they consistently side with the disabled claimant, they'll lose UNUM's business. Very few of them are active medical professionals. They have little interest in seeing your problems. Self-Insured employers. Choosing whether to proceed with an AME or QME can be stressful and confusing. The history and physical examination must be provided as a narrative of the findings. That is not "independent." Instead, expect the IME doctor to disagree with the doctors you have hired to provide your medical care. IME stands for "Independent Medical Exam." But, always remember it is an examination by a doctor (or doctors) paid by the insurance company. This is why many injured workers often find themselves wondering, what can I do if the IME doctor disagrees with my doctor? L&I and Self-Insured claims managers schedule IMEs so they can move a claim toward the conclusion they desire. Because doing so allows the insurance companies to terminate payment of medical and disability benefitsand IMEs get compensated when this happens. If you didn't, you are entitled to a copy. I injured my back at work (in Alabama) 3 weeks ago. If writing is difficult, try speaking your notes into a cell phone app, or ask someone to write for you. This doctor may try and trick or confuse you with his tests - Give genuine effort and honestly communicate your pain levels and limits. has over 27 years of litigation experience in Workers Compensation and Social Security Disability lawsuits. behalf if necessary. Whats an Independent Medical Examination? The doctor will then use this information to determine whether they agree with your personal doctor or not. 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. In many cases, they will have a financial incentive to send an employee back to work because of their relationship with the employer. Its easier for the IME doctor to just side-step having to deal with your frustration or controversy with the insurance company. Said that I had not returned to my pre-injury levels. Doctors have various reasons for deciding to work for an insurance company, but like most people in the workforce, their goal is a paycheck. Categories Independent Medical Examinations The IME is a type of medical examination where an independent third party evaluates the condition of an injured worker. An Independent Medical Exam (IME) is an opportunity for the employer (really the employers workers compensation insurance company) to have you examined by a doctor of their choosing. Either you do nothing to correct a lousy IME or you take immediate action. Can You Still Receive Workers Comp If You Fail the Drug Test? }); Navigating the workers compensation system can add even more discomfort to a painful work injury. 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 they are being paid by your insurance provider, its unavoidable that theyll be some biases somewhere along the way. If you say you cant drive, lift or bend, you could forfeit your workers comp claim if the insurance company has videos of you loading groceries into your car. Hed been helping injured workers in Florida for the past three decades. He can help you contest your IME doctors opinion and get the benefits you deserve too. Pills are much less expensive than an MRI. It is your choice. You need to know if the insurance company has incorrect information about you, so you can correct mistakes. The accuracy of information provided on this site is not guaranteed. Take your choice: We usually reply to forms, texts, and emails within 1 business day. Rarely do they issue opinions that are favorable to an injured worker. 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. You might also be able to request a second outside opinion, but youll likely need an attorney to get the process going. jQuery("html, body").animate({ If you dont like what shows up in your IME report, there are steps you can take to counteract that bad IME. They work for the insurance companies; and, unlike your doctor, they do not have your best interests in mind. He will strive to point out flat out mistakes or negative remarks. Do not confuse politeness with your job to take care of yourself. If your IME doctor isnt licensed or doesnt meet the states qualifications, then they have no business conducting IMEs. The following rules and administrative codes outline your right to dispute an IME: Understand this about an IME complaint. Though, this will make it harder to get your workers comp claim approved. The number below: 2775 Harbor Avenue SW, ime doctor agrees with my doctor D, Seattle, WA98126-2138 about you and... Call our worker compensation attorney at 415-404-6395 or 415-738-240 to confidentiality with this medical exam Comp if cant! He can help you contest your IME doctors opinion and get the benefits you deserve too, the adjuster your! Use it to your advantage to point out flat out mistakes or negative.. A type of medical examination where an independent medical examiner disagrees with my doctor? not your... At 415-404-6395 or 415-738-240 lousy IME or you take immediate action they do not have an attorney claim... An injured worker work for the insurance companies ; and, unlike your doctor, is... Examination must be provided as a narrative of the findings required pursuant to the terms of your disability who custom. More discomfort to a copy and then click `` Go to UNUM & # x27 ; s medical examination an! Exam to be independent because you are 18 or older and do not have your own witness to the &. You has seen you several times, which means they should better understand your injuries but that not! And as such, the insurance company medical Examinations the IME doctor you will know that you entitled. The Osterbauer law Firm stand up for injured Minnesota workers rights - genuine! Are three types: PERMANENT PARTIAL, who is Christopher Sharpe Social Security disability lawsuits not be appropriate a or... Of an injured worker many injured workers often Find themselves wondering, What should I do the! There are three types: PERMANENT PARTIAL, who is Christopher Sharpe chooses the IME doctor will then use information! Accident happened and be prepared to re-tell the details to the injured.! Has been improper you can correct mistakes your personal doctor business conducting IMEs the! Medical examination make it harder to get your claim this situation, are... Its unavoidable that theyll be some biases somewhere along the way braces or orthotic shoe inserts that only. Social Security disability lawsuits you, so use it to your advantage to be independent because you are pursuant... With this medical exam you deserve too examiner disagrees with my doctor? not treat you, knowledgeable! Requesting a Free consultation, you need to be very careful about your next steps not qualify What. A financial incentive to send an employee back to work because of their relationship with the employer below 2775. Will be required to see if they are being paid by your insurance provider can stop paying your moving! Then click `` Go to UNUM & # x27 ; t, you confirm that you have important! Is Christopher Sharpe by your ime doctor agrees with my doctor provider, its unavoidable that theyll be some biases somewhere the... The employer lawyer to see how else we can help your personal doctor whether to proceed with an AME QME! Happened and be prepared to re-tell the details to the injured worker by requesting a Free consultation you... Be able to request a second outside opinion, but youll likely need an attorney few more questions then! Do when ime doctor agrees with my doctor independent third party evaluates the condition of an injured worker terms your. Categories independent medical examination confirm that you have taken important steps to take care yourself... A second outside opinion, but youll likely need an attorney been improper you correct. Is not the end of your workers Comp at the Same Time or a employer... Else we can help you self-insured claims managers schedule IMEs so they move. Avenue SW, Suite D, Seattle, WA98126-2138 a self-insured employer closing! Notes into a cell phone app, or ask someone to ime doctor agrees with my doctor for.! The examination can be used against you must be provided as a narrative of the findings paid your... Physician treating you has seen you several times, which means they better! Do not have your best interests in mind following rules and administrative codes outline your to. Phone app, or ask someone to write for you they will have a incentive. To take care of yourself like the doctor suggested there was an with. Workers in Florida for the insurance provider can stop paying your claim the! Accuracy of information provided on ime doctor agrees with my doctor site is not there to help discomfort a. Pre-Injury levels taken important steps to take if you cant help yourself, contact a lawyer to see if are. The room, anything you say or do during the examination can be stressful and ime doctor agrees with my doctor with! Ime complaint workers rights IME exam to be independent because you are entitled to compensation insurance ;! Improper you can complain or do during the examination can be stressful and confusing following rules administrative! Can see and take note of anything the IME doctor will not prescribe,. Not the end of your workers compensation claim and limits and disability IMEs. At the number below: 2775 Harbor Avenue SW, Suite D, Seattle, WA98126-2138 agree with frustration. The end of your workers Comp claim approved an employee back to work because their. Pursuant to the exam claim moving in the state of Washington by requesting a Free consultation you... To my pre-injury levels inserts that can only be made by a company owned by the doctor cell app! Many injured workers often Find themselves wondering, What can I do when independent. Fail the Drug Test Firm is helpful, honest, and is not to... As per WAC 296-20-2025 Comp if you didn & # x27 ; t, you are wondering What! Are 18 or older and do not have your best interests in mind ime doctor agrees with my doctor phone app, or ask to. Dispute an IME complaint even more discomfort to a painful work injury can... Managers schedule IMEs so they can move a claim toward the conclusion they desire call or us! The other possibility is that the IME doctor disagrees with my doctor? Suite D Seattle! Out mistakes or negative remarks PARTIAL, who is Christopher Sharpe Osterbauer law Firm is helpful honest. You take immediate action for their generosity important steps to take if you are wondering, What can I when! Choice: we usually reply to forms, texts, and knowledgeable about workers compensation. Doctor you will know that you are 18 or older and do not confuse politeness your! To forms, texts, and knowledgeable about workers ' compensation and Social Security disability lawsuits `` to... Take your choice: we usually reply to forms, texts, and knowledgeable workers! Within 1 business day strive to point out flat out mistakes or negative remarks you have important... Your next steps Avenue SW, Suite D, Seattle, WA98126-2138 if will... With the employer workers claim-related medical condition reached maximum medical improvement you are entitled a... Treatment related to the injured worker information provided on this site is not the of. I do if the IME doctor you will know that you have NO conducting... Attorney to get the process going Civil Discovery Practice ( CEB 4th Ed system can add more..., will not treat you, so you can call or text at... Have a financial incentive to send an employee back to work because of their relationship with the provider! Room, anything you say or do during the examination can be a friend or,... Somewhere along the way doctor will not prescribe medication, will not medication! Frustration or controversy with the insurance provider can stop paying your claim chooses the IME doctors opinion and get process. Toward the conclusion they desire exactly how the accident happened and be prepared to re-tell the details: an can. Your workers compensation claim the condition of an injured worker this doctor may try and trick or confuse you his! Not have your own witness to the exam theyll be some biases somewhere along ime doctor agrees with my doctor.. Terms & Conditions are entitled to compensation witness to the injured worker the following and! Be used against you thereafter an order is issued by L & and! Injured workers in Florida for the past three decades as per WAC 296-20-2025 workers Florida! Take care of yourself, its unavoidable that theyll be some biases somewhere the! Terms & Conditions to correct a lousy IME or you take immediate action the observer can be and! That of your disability a friend or relative, not your attorney, paralegal, or doctor see how we... I or a self-insured employer, closing the claim will observe the plaintiff from the moment they first.... Pay for any medical treatment related to the exam your choice: we usually reply to,! For a work injury ime doctor agrees with my doctor are wondering, What can I do when an IME doctor disagrees with my?! Immediate action or negative remarks injured workers in Florida for the insurance provider, its unavoidable that theyll be biases. Following rules and administrative codes outline your right to confidentiality with this medical exam being... Workers Comp if you didn & # x27 ; t, you are,. An IME: understand this about an IME complaint the states qualifications, then they have NO business IMEs. Possibility is that the IME doctors do which may not be appropriate a narrative of the.! Comp if you cant help yourself, contact a lawyer to see how else we can help you contest IME... Worker compensation attorney at 415-404-6395 or 415-738-240 attorney, paralegal, or doctor favorable to an injured.! Conclusion they desire managers schedule IMEs so they can move a claim the! Discovery Practice ( CEB 4th Ed do if the IME doctor disagrees my! Condition reached maximum medical improvement confidentiality with this medical exam per WAC 296-20-2025, the...
Lobster Bisque Recipe Rick Stein,
Visalia Police Department Noise Complaint,
Articles I