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Thread: Second IME

  1. #1
    Join Date
    May 2010
    Posts
    6

    Question Second IME

    Recently I had a second IME after which I was released to return to full duty and that no treatment whatsoever is necessary. Despite X-rays showing deterioration, he considered that the present aggravation is not connected to my previous injury. Not to mention that his report is full of mistakes. The problem is that the insurance company didn't let me go back to the doctor of my choice during this time (the injury happened in 2008) who recommended surgery and I was favoring conservative treatment, therefor, I do not have a treating physician who was with me all this time. The first IME in 2008 put me back to work with few restrictions while I was still doing the PT and was not ready at all. Not properly set restrictions and overusing of my body caused health problems to get worse.
    I am so worried, I don't sleep at night. I don't know how soon it will be till I re-injure myself and if I do not do my job I can lose it.
    Any suggestion? Any advise?
    Thanks.

  2. #2
    Join Date
    Aug 2007
    Posts
    504

    Default Re: Second IME

    Quote Quoting walnutcase View Post
    Recently I had a second IME after which I was released to return to full duty and that no treatment whatsoever is necessary. Despite X-rays showing deterioration, he considered that the present aggravation is not connected to my previous injury. Not to mention that his report is full of mistakes. The problem is that the insurance company didn't let me go back to the doctor of my choice during this time (the injury happened in 2008) who recommended surgery and I was favoring conservative treatment, therefor, I do not have a treating physician who was with me all this time. The first IME in 2008 put me back to work with few restrictions while I was still doing the PT and was not ready at all. Not properly set restrictions and overusing of my body caused health problems to get worse.
    I am so worried, I don't sleep at night. I don't know how soon it will be till I re-injure myself and if I do not do my job I can lose it.
    Any suggestion? Any advise?
    Thanks.
    I take it you don't have an attorney. My only advice to you at this point is to get one and quickly.

    You have let the IC's paid Dr's dictate your treatment, restrictions and in essence your future. You also have a WC IC Dr now stating the aggravation is not caused even in part by your working. You need to get these things rectified asap.

    beachgirl

  3. #3
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: Second IME

    BeachGirl is 100% correct.. Get yourself an attorney who is knowledgeable in wc asap......

    http://www.iwcc.il.gov/handbook020106.pdf

  4. #4
    Join Date
    May 2010
    Posts
    6

    Default Re: Second IME

    Thank you BeachGirl and SHOVELHEAD.
    Actually I do have an attorney who told me to be careful at work not to re-injure myself and to call him after my first day at work without restrictions.
    Any comments on this?

  5. #5
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    312

    Default Re: Second IME

    Did your treating physician have you on restriction??

    What is your attorney doing to get your medical issues resolved?? Your treating physician opinion will carry more weight then the IME in front of the Comp Judge...

    Good Luck..

  6. #6
    Join Date
    May 2010
    Posts
    7

    Default Re: Second IME

    This is the same thing that just happened to me a few weeks ago,I worked for just one day and just couldn't do it. work told me to go home If I couldn't do the job,I was afraid of getting cut off comp but I just couldn't go to work like this. they agreed to start up my comp again, and between my lawyer and their lawyers they agreed to send me to a third Dr to get another opinion.i'll just have to see what happens.

  7. #7
    Join Date
    May 2010
    Posts
    6

    Default Re: Second IME

    My treating physician found that my situation aggravated and put me on more restrictions then before and will need to start treatment. The employer said could not put me back in the same position, but whatever is available might be part time and probably I will not be able to keep the same $ per hour. The WC IC wants to settle the case. Is it smart to settle the case now when I am at the beginning of a treatment with uncertain outcome (possible need of surgery)? They want medical closed. Can my employer cut my income like that?
    Thanks.

  8. #8
    Join Date
    May 2010
    Posts
    1

    Default Re: Second IME

    Quote Quoting walnutcase View Post
    my treating physician found that my situation aggravated and put me on more restrictions then before and will need to start treatment. The employer said could not put me back in the same position, but whatever is available might be part time and probably i will not be able to keep the same $ per hour. The wc ic wants to settle the case. Is it smart to settle the case now when i am at the beginning of a treatment with uncertain outcome (possible need of surgery)? They want medical closed. Can my employer cut my income like that?
    Thanks.
    do not settle claim untill your medical treatment is finished under any circum. Your wc attorny shouldnt let you settle.

  9. #9
    Join Date
    Aug 2009
    Location
    Lake In The Hills
    Posts
    45

    Default Re: Second IME

    What your employer is doing is a dirty tactic. By making you think that they can and will cut your hours and pay is a common tactic that wc insurance companies advise their clients to do. The real truth is that your employer can only cut your hours. What you make now is what you make, unless there is just cause for a reduction in pay, which a workplace injury is not just cause, your employer can not reduce your pay. I know this because my employer tried to do that to me, until my attorney got involved and educated me on labor laws as it pertains to workers compensation cases/claims. If they move you to another location that is not in the same building or if you are in the same building and just doing another job, it is all the same. Your treating doctors notes will weigh more heavily then an IME. Ensure that you have copies for yourself of everything, talk to people on here and scour the Illinois Industrial Commissions website for your own information. I made mistakes and misread some things in there, but as long as you ask your attorney for clarification you will be fine.

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