We know work comp attorneys throughout the country and often refer cases to attorneys in other worker friendly states like Oregon, Georgia, Pennsylvania, Florida and New Jersey.  That said, we often get e-mails like this:


I am writing out of Arizona. I have been scheduled for an IME. The first one was sent to the disability group, and they sent it back to the doctor stating that he had put more information than they needed. Some people have told me to go to the next IME and video tape the whole process this time.  Is this a good idea?


The straight answer is that I don’t even know if that’s legal in AZ and since I have nothing to do with that State legally speaking, I couldn’t even begin to answer it.  In general, you should look for legal advice from someone in your State.


If this was Illinois, I’d tell you not to do it because it will put the doctor on the defensive and make them think that you are crazy.  They could also choose not to do the exam at all.  Their office, their rules.


A better idea, considering many IME appointments are a joke, would be to bring a friend or spouse with you in to the exam and when finished immediately write down how long it lasted, what was discussed, etc.


You wouldn’t tape record your treating doctor.  While the IME doc works for the company, he or she is still a physician that primarily sees patients.  Videotaping would create some problems that you don’t need and also wouldn’t look great to the Arbitrator.


The other advice I’d give you is to talk to your lawyer before the exam to discuss your injuries and what questions might be asked as well as what will happen in the exam.  My philosophy is always prepare for the worst and hope for the best.


We are workers’ compensation attorneys who 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.

By Michael Helfand