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Independent Medical Examinations In New York State Workers’ Compensation Cases

April 9, 2011 By Paul Giannetti

It is common for a Workers’ Compensation insurance carrier to set up an Independent Medical Examination, more commonly known as an IME, to get an “independent” medical opinion on one of the medical issues in a case.  Clearly, the examination are not “independent” as the examining physicians are being paid by the insurance company and are well aware of the insurance company’s goal of cutting costs and expenses.

Many clients ask whether or not they are required to go to these examinations.  The answer is that the injured worker must go to a properly scheduled IME.  Failure to attend can result in adverse findings, suspension, or reduction of benefits, or even dismissal of one’s case.

Independent medial examinations are commonly requested more than once in a particular case.  Unfortunately, the injured worker and/or his attorney may not select which independent medical examiner will be utilized by the insurance carrier.  It is the insurance company’s right to pick and choose the physician that they would like to examine the claimant and the claimant has no say in the matter.

If you have questions regarding a notice that you received to go to an Independent Medical Examination or about what effect the exam will have on your case, please feel free to contact our office.

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Albany Workers Compensation Attorney
Paul Giannetti Attorney at Law
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