The most common complaint I receive from my New York Workers’ Compensation clients is that they are improperly examined by IME’s.
What is an IME?
An IME or “Independent Medical Examiner” is a doctor hired by the insurance company for the purpose of checking on, and limiting, the injured worker’s claim against the insurance company.
IME’s are certainly NOT “independent”. The word “independent” is a complete misnomer.
Here are some common things I hear from my clients after seeing an IME:
- He didn’t touch me.
- He examined me for only three minutes.
- She asked me inappropriate questions.
- He didn’t have my records.
- She didn’t know anything about my case.
- He was nasty and rude.
- His office was a mess and he seemed unprofessional.
- His medical report contains many, many errors.
Recently, a client called to tell me that she had been to an IME examination for her Workers’ Comp case involving a shoulder injury. The doctor had her sit down in a chair and asked her a few questions. He then asked her to raise her arms above her head and then asked her to put her arms behind her head as far as they would go.
Those two requests comprised his ENTIRE EXAM.
When the medical report came in from this doctor, he stated in his report that the injured worker has “zero permanent injury.”
Meanwhile, my client says she still has trouble raising her injured arm all the way.
The IME never touched my client.
This stuff happens all the time. The best way for injured workers to protect themselves is to videotape their IME exams or to bring a witness.
In this case I intend to have my client TESTIFY regarding the fact that the IME never actually examined her.
This kind of bogus IME exam, unfortunately, happens all the time. Having an experienced Workers’ Comp attorney on your side can help injured workers fight the injustices that go on way too often, in the Workers’ Comp system.