The Independent Medical Examination Report is in…Now what?

Attorney Blog

You attended an independent medical examination, or IME, at the request of your employer, and the report is in. What do the doctor’s conclusions in the IME report mean for your workers’ compensation case? Below are a few quick answers to common questions employees have regarding how an IME report can impact their workers’ compensation case.

The IME report is in and the doctor disagrees with my treating physician. Is my case over?
No. It is not uncommon that an IME doctor disagrees with your treating physician on whatever issue or issues were in question. This may be because the IME doctor reviewed different records, follows different treatment plans, or just disagrees with your treating physician. Where there are differing opinions between your treating physician and the IME doctor, then you case boils down to determining which doctor’s opinions are most credible.

The IME doctor disagreed with my doctor and my employer stopped paying benefits…can they do that?
Unfortunately, yes. Once your employer has an opinion contradicting your treating physician’s opinion, your employer can refuse to pay additional benefits, authorize additional treatment, accommodate your work restrictions, etc. The arbitrator will then decide which doctor is more credible, typically after both your doctor and the IME doctor have been deposed to allow your attorney to further explore the bases for each of the doctors’ opinions.

How does the arbitrator determine which doctor is more credible?
Historically, the opinions of treating physicians were found to be more credible, since a treating physician has worked with you throughout your recovery and has a more in-depth understanding of your injury and treatment than a doctor who saw you once for the purposes of drafting a report in anticipation of litigation. However, this balance has shifted somewhat as the environment surrounding workers’ compensation claims has grown more conservative. The arbitrator will look at the records available for review by each doctor, how the history of accident presented is corroborated by the medical records, the studies on which the doctor bases his conclusions, and a number of other potential factors, depending on the circumstances of your case.

Since the IME doctor is paid by the insurance company, the doctor always says whatever the insurance company wants, right?
No, although that does tend to happen more often than not. The fact of the matter is that some IME doctors almost routinely draw conclusions favorable to the insurance companies, while other doctors provide unbiased reports based solely on the facts presented.

The IME report agreed with my treating physician. Everything will be approved, right?
Almost always. If the IME physician agrees with your treating physician regarding causation, proposed treatment, etc., your employer will generally act in accord with the IME doctor’s report. Occasionally, an employer will refuse to abide by their own doctor’s recommendations. However, if the IME doctor agrees with your doctor, regardless of the employer’s position, the arbitrator will almost without question order the employer to do as the IME report says.

When an IME doctor does not agree with an employee’s treating physician, employers will use this as justification for stopping the employee’s workers’ compensation benefits. It is important to have an experienced workers’ compensation attorney on your side who will work to ensure the arbitrator determines your doctor’s opinion is the most credible. Call the attorneys at Woodruff Johnson & Evans Law Offices at (630) 585-2320 to discuss how we can help you get the benefits you deserve in spite of a negative independent medical examination report.

Written By: Lynn Taylor, Workers’ Compensation Attorney

Related Pages:

Related Articles:

Categories:

Very satisfied

Very satisfied.     – Maricela M.

DJ (Dexter Evans) was amazing.

DJ (Dexter Evans) was amazing. He and Kylene communicated well and reached out often. This is my 2nd time using him and will never go anywhere else for my attorney needs. – Shanita S.

Highly recommended!

Highly recommended! Smooth process and great communication. Two thumbs up!   – Marek P.    

Big thank you to Attorney DJ Evans

Big thank you to Attorney DJ Evans for helping me with my PI case. Had a terrible car accident which I was not at fault for legally but my car was totaled and I sustained injuries that impacted my work. The at faults insurance tried to manipulate me into taking 2k which was ridiculous for […]

Jay Johnson was fabulous

Jay Johnson was fabulous, he kept me up-to-date and informed of every step. Very happy with his service and I would highly recommend him.       – Dawn S.  

Very helpful.

Very helpful. I was able to put most of it away into an emergency fund.         – Christine S.

Got a Settlement Quicker Than I Expected and Better Than I Expected!

My second time with Leandro A. at Woodruff Johnson and Evans. Another great job. Didn’t have to talk with work comp at all this time since I told work comp I don’t trust them after the first occurrence with them. Got a settlement quicker than I expected and better than I expected. Thanks to Leandro […]

Attorney Dexter Evans: Professional, Responsive and Took Care of Business. Highly Recommended. You Will Not Be Disappointed!

Dexter Evans handled my case for a motor vehicle incident. I would like to inform you that he was very professional, responsive, and took care of business. Whenever I had a question they were very quick to respond and handled everything for me. If it wasn’t Dexter then Nicole was right there. I highly recommend […]

Go to the Doctor. Do the Tests. Get the Diagnostics. Hire Leandro Alhambra!

Leandro Alhambra took on my workman’s comp case and did a great job getting a good return back. I had him take on the case late (2 years after the incident) and he still was able to provide a good amount of compensation. Advice to anyone reading: go to the doctor, do the tests and […]

Leandro A. Alhambra Fights to Get Every Dollar for his Clients

I used Leandro A. Alhambra for my workmans comp. case. I see in him that he fights to get every dollar for his clients to be satisfied of the outcome.

View All Testimonials

Get Your Free Consultation

"*" indicates required fields