Quick Answer: How Do You Fight An IME Report?

What is a IME report?

The Independent Medical Evaluation (IME) reports that physicians prepare are playing an increasingly important role in workers’ compensation cases, personal injury litigation, and long-term disability claims..

Can a doctor force you back to work?

You don’t have to return to work until you are physically capable of doing your job. That determination is made by your doctor, not your employer. Your employer can’t force you to return to work early. … You do, however, have to accept a temporary position that fits within your restrictions.

How long does an IME report take?

In some states, the IME report must be produced within a certain timeframe. For example, the California Code of Civil Procedure states that such a report must be produced within 30 days of the examination.

Can I refuse an IME?

Failure to submit to an independent medical exam is cause for denial of benefits. So no, you can’t refuse an IME. … You will typically not be informed of the findings from the IME. However, if you appeal a denied claim or termination of benefits, the defense will have to turn over the IME report during discovery.

What can I expect from an IME exam?

During the examination, the doctor will likely start out by asking you how your injury happened, what your relevant medical history is, and the course of your treatment so far. The doctor may also conduct a physical exam and tests (such as physical tests to measure your grip strength or range of motion).

What is an IME?

An independent medical examination (IME) is a medical evaluation performed by a medical professional on a patient who was not previously involved in the treatment of that patient, to evaluate the patient’s course of prior treatment and current condition.

Can I sue an IME doctor?

Can they sue the IME doctor or physical therapist for medical malpractice? According to a sharply divided NY Court of Appeals, the answer is “Yes”.

Can attorney attend IME?

Yes, and yes! You have to attend the Independent Medical Exam (IME) under California law one time when it is called by the defense attorney in your case (after your case is filed in California Superior Court). … Second part of the answer is “yes,” your San Diego injury lawyer can attend your IME.

Will going back to work affect my claim?

As stated above, there isn’t a set time for everyone who has been in car accidents to go back to work. It’s a case-by-case basis. Your claim won’t be ruined if you’re able to get back to work. If your injuries caused you to miss work, you can still claim for the lost income during that period.

What happens after an IME report?

After you receive a copy of the IME report. … Generally they will send you a copy if you request it, but for psychiatric IME examinations they may not release them directly to you, but you can ask your case manager to send a copy to your doctor and obtain a copy from your doctor.

How do you write an IME report?

How to Write an IME ReportIntroduction and Executive Summary.Background Information.Qualifications of the IME Physician.Disclosure of Medical Records Reviewed.History of Examinee.Physical Examination.Opinions (Including Answers to Specific Questions Posed by Referral Source)Disclaimers.

Can IME doctor send you back to work?

Unfortunately, yes. While you are not required to return to work, your employer’s workers’ compensation insurance will typically use the findings of the IME report to stop paying benefits, and your employer may use your absence from work as a basis to terminate your employment.

Are IME doctors fair?

Most IME doctors are not fair and are biased in favor of the insurance companies that hire them. … Most insurance companies give claims adjusters a pre-approved list of IME doctors who aren’t fair and that are biased that they must use.

How do you deal with IME doctors?

Even if the IME doctor has been hired by the insurance company or workers’ comp agency, you should still be polite and respectful. Don’t assume the examiner is out to get you. Even if the doctor is less than friendly, responding with hostility can only hurt you. Be honest and don’t exaggerate your symptoms.

What does a 5 impairment rating mean?

Re: 5% Immpariment Rating 5% means you are a lot better off physically then many others who’ve ended up with substantial functional problems. and whole lot better then the 100% ers who’ll never work another day in their life and are functionally unemployable in any capacity.

What should you not say in an IME?

3 Things Not to Tell the Doctor During Your IMEDon’t Exaggerate Your Symptoms. Yes, you want to make sure your symptoms don’t go unnoticed by your doctor. … Don’t Speak Negatively About Your Employer. Do not be rude or difficult, and don’t speak negatively about your employer. … Don’t Lie.

Why do workers comp doctors lie?

Because many people worry about a preexisting injury affecting their claim, they may be tempted to lie and say they didn’t have a previous injury. Unfortunately, this can hurt your claim, too. Your doctor can easily find out about your previous accident, especially if they have access to your medical records.

Can I record an IME?

By law, you are allowed to video or audio tape an IME examination. The doctor CANNOT refuse to allow you to do so. Bring a friend or family member with you to record the exam on a camera, smartphone, or whatever is available.