Having practiced Workers’ Compensation Law in Update New York for close to two decades, one of the most common questions fielded at my firm goes something like this:

“I received a letter in the mail from the insurance company telling me to go to a medical examination with a doctor that I have never heard of, do I have to go?”

The answer to this question is: Yes. The employer and their insurance carrier has a legal right to have the injured party examined by their consultant for purposes of offering a medical opinion on any number of issues that can arise in a Workers’ Compensation case.
Missing an IME can have a negative impact on your case. However, most Law Judges in the Albany New York District will often allow for a missed IME to be rescheduled without any specific penalty to the claimant. However, after missing two or three IMEs many Judges may make adverse rulings.

The bottom line is that if you are scheduled to go to an IME you should make every effort to appear. Keep in mine that the examining doctor is paid by the insurance company and his opinions are not necessarily in your best interest. Nonetheless, the law requires that you submit to these examinations.

If you have any questions regarding any aspect of your Workers’ Compensation claim and would like to consult with our office, please feel free to call for an appointment.