Bob Helbock's
Workers Compensation Blog

03.17.10

Some tips for your Independent Medical Exam (IME)

Anyone who has ever filed a workers compensation claim has gone through one, the dreaded IME, or carrier’s consultant examination. The carrier sends you for an examination by a doctor of their choosing to evaluate if your injuries are as bad as your treating doctor says, or more likely not nearly as bad as your doctor says. Some IME’s might suggest completely different diagnoses from your treating doctor (sometimes from the comfort of their chair without the benefit of even putting their hand on you.)

The worst part is that these exams will be used by the carrier to support their position on the amount and type of treatment you need, or the amount of money they must pay you.

So how do you defend against the carrier’s consultant discrediting your claim? Here are a couple of suggestions:

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02.17.10

The NYS Workers’ Compensation Board’s requirements to prove “attachment to the labor market” to justify continuing payments.

The Workers’ Compensation Law is becoming a more complex system for the injured worker to navigate. As this law continues to evolve it is becoming more difficult for a claimant follow up on their claim without the benefit of an attorney experienced in the field of Workers Compensation Law. The most recent change in the law effecting “partially disabled” workers demonstrates that well.

The Workers Compensation Board has issued a number of decisions that allow the insurance company to suspend payments to a claimant because that claimant has failed to demonstrate that they remain “attached to the labor market.” A recent decision of the “Full Board” in the American Axle case...

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