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What Happens If You Miss An IME?

July 4, 2011 By Paul Giannetti

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.

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Serving accident, injury, and workers' compensation victims throughout Upstate New York including Albany, Fulton, Greene, Montgomery, Rensselaer, Saratoga, Schenectady, Schoharie, Warren, and Washington counties. Attorney Advertising. This website is designed to provide general information to injury victims. It is not intended to be legal advice. It can not and should not be substituted for proper legal representation. You should consult an attorney for legal advise regarding your rights as every case is unique and requires in depth analysis and preparation.

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Paul Giannetti Attorney at Law
3 Washington Square
Albany, NY 12205
Phone: 518-243-8011