The Unbiased Medical Examination in an Arizona Employees' Compensation Case

The Unbiased Medical Examination in an Arizona Employees' Compensation Case

http://azworkcomplaw.com (602) 346-9009

What's an “IME”?

If there the insurance coverage firm has a dispute or doubt about your medical situation in your case, then they'll require that you simply to report for an unbiased medical examination or “IME” with a physician that they select.

Can I refuse to attend the IME?

Sure you possibly can refuse however there will be detrimental penalties for refusing to attend an IME. Particularly, the insurance coverage firm can droop your advantages. This consists of refusing to pay any misplaced wage advantages and refusing to cowl any additional medical therapy. In case you unreasonably refuse to attend an IME the insurance coverage firm can even concern a Discover that they need to deduct the price of the missed IME from any profit funds that they could owe you.

Who pays for the IME?

The insurance coverage firm pays for the IME. If the IME is in a location exterior the place you reside, you too can ask them to pay for journey prices to attend the IME.

Is the IME physician “my physician”?

No, the IME physician will not be your physician. No physician/affected person relationship is established on the examination. Technically, the IME physician will not be the worker of the insurance coverage firm and that’s why they're known as “unbiased”

Can I document the IME?

Sure you possibly can. Beneath Arizona legislation you do have the proper to audio document the IME. As a typical courtesy you must inform the IME physician prematurely that you'll be recording the examination. Nevertheless, there is no such thing as a relevant authorized authority that may can help you video document the IME.

What's a “Goal Letter?”

The insurance coverage firm could present a “goal letter” to the IME physician explaining you’re the historical past of you damage, summarizing your medical care, and posing particular questions on your case. These questions are used to border the problems for the physician to reply. For instance, the physician could also be requested his or her opinion about what's your present prognosis, whether or not your present signs are associated to your work accident, or whether or not surgical procedure or another therapy really useful by your treating physician is critical.

It's best to ask to overview any goal letter despatched to the IME physician by the insurance coverage firm. That means you possibly can right any factual errors and see if the questions had been requested in an unfairly suggestive means.

The IME physician often conducts some type of bodily examination specializing in the physique half in query. This could be a visible inspections, vary of movement assessments, arms on assessments, or devices assessments. Generally the examiner will request that extra diagnostic testing be performed equivalent to x-rays, MRIs, or electrodiagnostic assessments. The examiner might even advocate extra examinations by one other physician with a distinct medical specialty.

Will the IME Have an effect on My Case?

Sure, the IME will seemingly have a significant influence in your case. IME reviews will probably be given knowledgeable weight by judges on the ICA. As a result of they aren’t concerned in your therapy, they're typically seen as extra goal, although that’s typically not the case. For these causes, it's a problem to discredit an IME physician’s knowledgeable opinion.

There are conditions the place it is going to be more practical to problem the IME report than others. For instance, if the physician’s opinion relies on incorrect details about your medical historical past or there's another factual mistake, that may make the conclusion much less influential. Much more necessary is whether or not your physician disagrees with the IME. This implies it’s essential to verify your physician has acquired a replica of the IME report. In case your physician is unwilling to overview the IME, specific an opinion concerning the IME conclusions, or testify at a listening to then you could contemplate discovering one other physician who's keen to cooperate.

The underside line is choose may have no selection however to just accept the IME conclusions when you can’t or don’t produce an alternate opinion from a certified medical skilled. The commercial fee listening to course of will not be simple.

If you wish to dispute the IME report conclusions and the IME is getting used towards you to restrict or cut-off your advantages, you must seek the advice of with a employees’ compensation legal professional immediately. An legal professional will help shield your pursuits by submitting objections, scheduling a deposition to query the physician, or requesting one other examination.


Disclaimer: This video is meant to supply common introductory details about the employees’ compensation system in Arizona. This isn't supposed to supply any authorized recommendation. Each case entails distinctive information and circumstances. We hope this video offers you with a primary understanding of the subject to be able to have a extra significant and productive dialog with a certified authorized skilled. Watching this video doesn't kind any legal professional/consumer relationship.

Attorneys Weston Montrose and Briana Chua are Licensed by the Arizona Bar as specialists in Employees Compensation. Name Right this moment!