What Are My Rights at an Insurance Medical Examination (IME)?

Karl answered this Pennsylvania workers’ compensation question on Avvo.com:

“What Are My Rights at an Insurance Medical Examination (IME)?”
Sometimes, the insurer gets to choose what doctor examines you. The carrier is allowed to have you examined for an insurance medical examination (IME) twice a year. The IME doctor is hired not to treat you but to express an opinion as to your current condition. The doctor may agree or disagree with your own doctor’s opinions. The insurance company can use their doctor’s opinion for a variety of measures, including trying to terminate your wage loss and medical benefits or trying to reduce your benefits by identifying jobs that you can do with a new employer.

The carrier is responsible for your travel there. That means you can request transportation, or ask in advance to be reimbursed for your own travel mileage.

When you arrive, you have the right to be seen on time. The doctor will conduct an interview and physical examination. No agents of the carrier should be present during either. Under no circumstances should you allow for any invasive testing. You should not do anything during the examination that causes a marked increase in pain. You should document your symptoms before hand and whether they change immediately following the examination.

Technically, the Act actually allows you to bring a doctor of your choosing to the IME. However, this is generally at your own cost and therefore it is a section of the Act rarely used

Always remember, however, that your own doctor calls the shots. If their doctor’s opinion leads to job shopping, or a job offer from your own employer it’s important to let your lawyer know immediately, so that you can get the best advice.

See Karl’s answer here:

http://www.avvo.com/legal-answers/workers-compensation-1633143.html?answered=true

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