what kind of lawyer handles ime reports

by Melyssa Wisoky 9 min read

Whatever the rules are in your state, you should consider consulting with a workers' comp attorney if you've been asked to undergo an IME. Unless your case is simple or your injuries are minor, you may need the assistance of a lawyer to ensure that your rights are protected during the process.

Full Answer

Who can request an Ime report?

An IME can be requested by different parties, including insurance companies, lawyers, benefit providers, employers or HR managers. An objective, independent medical evaluation report is provided after the examination is done to confirm or deny any benefits or settlements to the claimant.

What does the IME do in a court case?

Determination of severity of impairment or disability, if any is present The IME doctor sends the report to the attorneys for the case and the Judge. If one side disagrees with the IME’s conclusions and the case proceeds, the IME can be deposed and called to testify at a trial.

Can a lawyer expose the weakness of an Ime report?

A skilled lawyer can expose the weakness of the IME report if it was not based upon all the existing medical records or diagnostic testing. Michigan Workers Comp Lawyers never charges a fee to evaluate a potential case.

What does an Ime doctor do?

An IME doctor will normally ask you to perform a series of tests that provide some indication of the amount of pain, sensitivity and discomfort you experience. The doctor may ask you to perform several tests affecting the injured area to see if your reports of pain are consistent.

image

How do you handle IME?

How Should You Handle Your IME?Always be truthful. ... Ask for clarification. ... Don't rush through your answers. ... Organize your medical records. ... Practice in advance. ... Learn about what's inappropriate. ... Find effective ways to keep yourself calm.

Are IME reports privileged?

On March 19, 2019, the Appellate Division First Department issued a decision in which they held the notes of an IME observer were privileged.

How much is a IME worth?

A dime is worth 10 cents. A quarter is worth 25 cents.

How long does it take to get an IME report in PA?

The entirety of the examination can last anywhere between 15 minutes to an hour, depending on that particular doctor's procedure. Within a few weeks, that doctor will issue an IME report that will be circulated to the attorneys and yourself for review.

What is the purpose of an IME?

IMEs are engaged when there is dispute or need to clarify the cause, extent and medical treatment of a work-related or other injury where liability is an issue. An IME is primarily requested by the employer, the insurance carrier or legal counsel.

How many days notice IME California?

We are all familiar with the mandate that a defense medical examination report, the so-called “IME”, must be produced upon written request by the patient's attorney. California law requires production 30 days after the demand (or 30 days after the examination, if demanded prior thereto).

What is a quarter worth?

25 centsThe quarter, short for quarter dollar, is a United States coin worth 25 cents, one-quarter of a dollar. The coin sports the profile of George Washington on its obverse, and after 1998 its reverse design has changed frequently.

How much is a cent?

Dollars and Cents One cent is equal to 1/100th of a dollar. In other words, each dollar is worth 100 cents.

What does full bands mean on a dime?

The PCGS "Full Bands" designation for Roosevelts requires that both the upper and lower pair of bands on the torch be distinct and show full separation. The line dividing the bands must be complete and unbroken.

How do you prepare for an IME?

8 Tips to Prepare for your IMEBe on Time – Which Means Early.Dress Appropriately.Bring Someone With You.See Your Family Doctor on the Same Day.Be Ready to Explain Your Injury.Always Be Honest.Be Brief but Thorough in Your Answers.Talk to Your Attorney Before Your Visit.

Can workers comp stop paying without notice in PA?

No, workers comp cannot stop paying without notice. According to the Pennsylvania Department of Labor & Industry (DLI), the insurer responsible for issuing workers' compensation payments must notify the injured party that their benefits have been terminated.

How long does a medical report take?

Medical reports: This usually takes about 6 weeks, but in some cases the delays can be significant.

What is an IME in a lawsuit?

So, what is an IME? In a personal injury lawsuit, an IME is a medical exam that the plaintiff must undergo at the defendant’s request, using the defendant’s choice of doctor, pursuant to discovery rules. While plaintiffs’ attorneys can have their own clients undergo an IME using a doctor of their own choice, plaintiffs really only need to be wary of the IMEs ordered by the defense (and these are the type of IME that I refer to throughout this article).

Why do you need an IME?

Why? Because the purpose of the IME is to prepare the defendant’s expert witness — the IME doctor — to testify that you are not hurt, or that you are not hurt as badly as you say you are, or if you were hurt, you have full recovered well before your treatment was over. Sometimes it is used to prematurely place you at MMI in an attempt to cut off your future medical care. The IME doctor knows who hired him or her and for what purpose, and if he or she ever wants to be hired by another defense attorney again (this is a lucrative repeat-business prospect), the doctor will slant their opinions to be as unfavorable to your case as possible. Knowing this, what can you do to minimize the damage caused by an IME?

Is there an I in IME?

There is no “i” in team, and there shouldn’t be one in “ IME,” either, because there is nothing “independent” about an IME in a personal injury lawsuit. In fact, plaintiff’s’ personal injury attorneys are more properly referring to these exams as DMEs, or “Defendant Medical Exams,” or “Insurance Medical Exams.” For purposes of this article, I will use the term “IME” only because it is the termed used by the insurance companies and their lawyers, but make no mistake about it, IMEs are in no way impartial, independent or any other “i” word implying lack of bias.

What Should I Tell the Doctor During an IME?

If there is one good piece of advice about speaking to a doctor during an IME it’s stick to the facts:

What Is an Independent Medical Exam (IME)?

If you’ve been injured on the job and asked to undergo an IME, the first thing you need to understand about the examination is that it’s not independent. A doctor chosen and paid by the insurance company examines you. They then give the insurance company their opinion about your injury. The doctor’s opinion includes the cause of your injury, your disability, your ability to work and any future medical treatments you may require.

How Will an Unfavorable IME Impact My PA Workers’ Comp Case?

You, or your lawyer, can challenge the findings of an IME, such as when:

Why Am I Required to Attend an IME?

Here is what you need to know: If you refuse to attend an IME, the insurance company may hire a lawyer to take you to court to stop your benefits. Your benefits should not be stopped without a hearing.

What is an IME in workers comp?

If the employee submits a workers’ comp claim, the employer’s insurance company may ask the injured worker to have an independent medical examination (IME). A doctor chosen by the insurance company will perform the examination.

How often do you have to submit an IME in Pennsylvania?

Under Pennsylvania law, an insurance company can only ask you to submit to an IME twice a year. The doctor performing the IME will receive all relevant medical information before the examination.

Why do you not have to attend an IME?

The purpose of an IME is for the insurance company to gather information from an expert to determine whether to award or deny you workers’ compensation benefits .

What is IME in disability?

After submitting a long-term disability claim, you may be asked to endure an independent medical examination (IME). The purpose of this examination is to clear up any inconsistencies regarding your claim.

What happens after an IME is completed?

Once the IME is complete, the examining physician will issue a report including their conclusions and opinions. The report will likely be framed to respond to the disputed concerns or questions asked by the insurance company.

Can you discredit an IME physician?

Discrediting an IME physician’s opinion can be very challenging (but not impossible ).

Can IME affect disability?

The results of the IME can seriously impact your disability claim. It’s common for insurance companies and even judges to view IME doctors as “experts” and weigh their reports heavily. It’s also common for judges to see IME physicians as more objective than treating physicians, even though that’s not always the case.

What is an IME report?

IME doctors write summaries of medical records selecting what evidence to highlight. People are frequently asked to bring medical records and tests to the exam. Generally, individuals are not responsible to bring these items as the insurance company can obtain them on its own. A skilled lawyer can expose the weakness of the IME report if it was not based upon all the existing medical records or diagnostic testing.

What are some tricks that IME doctors use?

Another one of the many IME doctor tricks they use is performing fake tests looking for pain when they know it is impossible for it to hurt given the type of injury. They try to expose people who might be exaggerating symptoms.

How long does an IME doctor take?

One of the IME doctor tricks insurance companies do is use the same doctors repeatedly because they know what to expect. Some exams take no more than 10 minutes. They do not provide any medical advice and just write a report with his or her findings.

How to answer a doctor's question?

Be polite, relaxed, and alert when answering questions. Doctors can quickly expose people who exaggerate or fake symptoms. Biased medical opinions can be challenged in court and we caution against picking a fight during the exam. We recommend writing down the details immediately following so this information can be used at trial.

Is an IME doctor independent?

Others have done internet research and panic when they see negative doctor reviews. The truth is that IME doctors are not independent and get paid large sums of money to testify against injured employees.

Can IME doctors comment on how someone walks?

One of the IME doctor tricks we tell our clients is that the doctors frequently watch people in parking lots and waiting areas. It is not unusual for these doctors to comment on how someone walks or sits. Observations are frequently included within the independent medical examination report and can be used as justification to stop workers’ comp benefits. Never do anything beyond work restrictions because someone is always watching.

Who does the IME report to?

The IME doctor sends the report to the attorneys for the case and the Judge. If one side disagrees with the IME’s conclusions and the case proceeds, the IME can be deposed and called to testify at a trial. The same side that paid the doctor for the medical exam will also pay him/her for their time at a deposition and/or hearing.

Who requests an IME?

However, in the last few years, the worker’s attorney is just as likely to request an IME and for exactly the same reason: they disagree with the treating doctor.

What Happens at an IME?

The first thing you should know about an Independent Medical Examination is that you are not the IME doctor’s patient. This doctor is not there to provide medical treatment for your injury. The doctor is there to obtain contradictory information on behalf of whomever hired him/her.

How to verify IME findings?

Verify IME findings by meeting with your physician: Schedule an appointment with your own physician the same day as the IME to compare findings.

What is the responsibility of an IME physician?

That said, the IME physician has a responsibility to act in a professional manner. When you come in the examining room, the doctor should have reviewed your medical records, looked at x-rays or MRI tests, seen the medications prescribed – basically know you as well as any doctor can know a patient they are seeing for the first time.

How many IMEs per year for neck and back injuries?

And in many states, the laws allow for two IMEs per year for each injured body part.

How long does it take to get an IME?

Don’t agree to any written tests or visits to another doctor’s office for further examinations. IMEs usually take around 30 minutes, but could be over in 10 minutes. Make a note of how much time was spent. There is only so much “history” an examining doctor can absorb from one meeting with a patient.

What does an IME doctor do?

The IME doctor will give the workers’ compensation insurer an opinion on whether the workplace incident caused your injuries, the extent of your injuries, and whether you are capable of returning to work . Sometimes, the IME report will contradict your physician’s report, forcing you to settle the dispute with an arbitrator.

What does an IME mean in workers compensation?

The IME may conclude that your injury was unrelated to your work, that your injury is not as severe as your treating physician claims, or that you are physically able to return to work in a full or limited capacity. Based on these findings, your workers’ compensation insurer may try to deny your claim or stop your disability benefits. When a workers’ compensation arbitrator receives conflicting medical reports, they will use the report that they deem to be more credible. You can help your case by:

What doctor do you see after a work injury?

You may have appointments with multiple doctors after suffering a work-related injury. Your treating physician is your primary doctor who will diagnose your injuries, administer your treatment and monitor your recovery until you have reached maximum medical improvement. If you are filing a workers’ compensation claim, your employer can order you to visit a physician for an independent medical exam (IME). The IME doctor will give the workers’ compensation insurer an opinion on whether the workplace incident caused your injuries, the extent of your injuries, and whether you are capable of returning to work. Sometimes, the IME report will contradict your physician’s report, forcing you to settle the dispute with an arbitrator.

Why are IME opinions dubious?

Workers’ compensation attorneys often find the opinions from IMEs to be dubious because the insurance company is paying the physician for the service. An IME doctor is supposed to be independent, but insurance companies will regularly use doctors who have a history of giving opinions that favor the companies in workers’ compensation cases. How can an IME doctor give a credible medical report that contradicts the findings of other physicians? The doctor may:

Is an IME report credible?

An IME report will seem less credible if the doctor had one brief visit with you or did little to examine your condition or ask you relevant questions. Your treating physician has seen you multiple times, meaning they should have a better understanding of your injuries.

How to respond to an IME report?

Show your doctor the IME report and ask if they would be willing to write a letter countering it. Be aware, however, that your doctor is likely to charge you for preparing a response. Find out in advance how much you will be charged so that you can decide whether what your doctor is willing to write seems worth the cost.

What is an IME doctor?

The IME doctor lied in his report, what can I do? IMEs (Independent Medical Exams) are conducted by doctors who regularly work for insurance companies. These doctors want to make the insurance company happy so that they can continue getting these lucrative exams referred to them.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

What do immigration lawyers do?

Immigration lawyers deal with individuals and entire families who are trying to acquire US citizenship. They provide advice on how to live and work in America legally. Immigration lawyers also work with political refugees and asylum seekers. Moreover, many employers and employees use immigration lawyers to help them obtain work visas. While this isn’t one of the highest-paid types of lawyers, helping people find a better life in the US can be fulfilling work.

What is a personal injury lawyer?

As a personal injury lawyer, you’ll be responsible for collecting evidence, documenting injuries, calculating expenses, and talking with witnesses.

What is the difference between a lawyer and an attorney?

In other words, it’s one thing to secure the so-called Juris Doctor degree - a graduate-entry professional degree in law - and another to pass the bar exam and practice law. So before we examine what the most interesting types of attorneys and lawyers are, it’s important to point out the difference between the two terms. An attorney is a lawyer, but a lawyer isn’t necessarily an attorney.

How much does a lawyer make?

We compared different types of lawyers and their salaries and found that medical lawyers earn the most. The average annual salary of a medical lawyer is over $150,800.

Why do people hire malpractice lawyers?

People who hire medical malpractice lawyers have most often suffered a personal injury due to an error made by a medical professional. Any harm caused by inappropriate treatment, negligence, botched surgery, or misdiagnosis falls under the practice of these types of attorneys. A malpractice lawyer can also represent health professionals when charges are brought against them, and they are usually employed directly by the medical facility where said professional works.

What is a business lawyer?

Business lawyers or corporate lawyers ensure that all operations of an individual company are conducted within the legal framework of local, state, and federal laws. A business lawyer is involved in everything from liability and intellectual property disputes to mergers and revising all sorts of legal documentation.

Why do lawyers work for environmental organizations?

While these are not the types of lawyers that make the most money, most professionals in the field enjoy doing their part to save the planet. These lawyers work with various government organizations, citizens, and businesses to help them avoid further environmental damage in their actions, or pursue justice for the harm that has already been inflicted.

image