IME reports. What weight do independent medical examinations have in court?

A reader asks:

My doctor says I need back surgery and it is related to my job injury.  I went to an "Independent" medical examination and not only did this hack say that I didn't have an accident, but he also says I can work full duty and need no further treatment.  How can he say I didn't have an accident when I was working with hundreds of pounds of raw materials?  My doctor is a respected orthopedic surgeon.  Will the insurance company get away with this because their doctor is a crook?

The situation described is not un-common.  Your employer or their insurance company has a right to send you to a doctor of their choosing.  If they disagree with your doctor then we go to trial.  That's one way we earn our money.

We can't guarantee who the Arbitrator is going to agree with, but all things being equal, treating surgeons who have seen you multiple times are given much more credibility than a one time visit doctor who maybe spent 10 minutes with you.  The Arbitrators know who the hired guns are and who gives an honest opinion.  If you testify credibly about how you got hurt and there are no other problems in your case like surveillance or intervening injuries, things will probably go fine.

If they get an IME we just have to go through the process.  It can be frustrating to hear that, but that is why you get a good attorney in the first place.

We are workers' compensation attorneys that help people with Illinois work injuries anywhere in IL via our statewide network of attorneys.  Contact us and we will answer your questions or find the right lawyer for your situation.

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Comments (1) Read through and enter the discussion with the form at the end
Yvonkia Stewart - December 8, 2010 9:57 AM

It sounds like you are a friend of Tim Shay, arbitrator Tobin and the corrupt physicians involved with my case, unfortunately. It is not over analyzing to know or become familiar with the facts of LAW. It's considered proper research,preparation of facts and remaining CREDIBLE. If I trusted every affiliated attorney of the "crooks", I would never get necessary justice. It's unfortunate that attorneys such as yourself, apparently are in this line of business to protect large corporations, insurance companys and your own self interest. Basically, get rich quick schemes are a detriment to public society and injured worker such as my self. I am credible, was done wrong and civil rights to adequate, professional medical and legal care were not provided under the nomal standards medically or legally. I will pursue this problem ALONE, if necessary. Thank you for false advertising! Your website is worthless. You do not represent the words in writing. You should be ashame of your choice to mislead others, in my opinion. This world is filled with silencers like you. You would rather protect those covering FACTS vs corruption carefully hidden to the public. We the people don't realize our mistakes in trusting officials until it's TOO LATE. To be proud of this speaks volumes to your true ETHICS, none.

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