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  1. #1
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Question How Do I Respond to the Lies in the IME Report

    My workers compensation claim was made in the State of: Kansas

    I recently received the wc doctor's written report from the IME visit in August.

    The report is full of many untruths, one example: The doctor said I no longer have leg or low back pain. Not true, I shared with the doctor about the burning of the foot, knife slicing down the leg when I lean foreward, and more symptoms.

    There are pages of untruths in this IME Report.

    I have a tape recording of the appointment, the doctor know I record due to being hearing impaired. My sister was also present at the appointment and exam.

    My attorney has sent me to a doctor for an IME, (a doctor the ALJ uses) This doctor's IME Report list me as totally disabled. The two report are as different as night & day.

    I would like to respond in writing to the untruths and would like to know what would be the best way to do so. Will responding to the reports be taken into consideration by the judge?

    Thank you,
    Lynn
    Last edited by Lynn; 10-23-2010 at 06:03 AM. Reason: spelling

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Do I Respond to the Lies in the IME Report

    You have a response in writing, from the IME your atty sent you to.
    What you may have to add won't have any bearing in your claim, or benefits being started/stopped, increased etc.
    The Dr IME is an opinion, based on your presentation that day, and review of medical records provided by the carrier.

    There is no law currently, or any way one could be enacted to legislate a persons opinion.
    These are not ''lies'' but to your thought process. It's simply that Dr opinion. Just as though he were testifying in court.

  3. #3
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: How Do I Respond to the Lies in the IME Report

    Thank you BvIA for your response.

    The doctor my attorney sent me to was very detailed in his rport, much more so then the treating wc doctor. My primary doctor (Osteopath) also did an evaluation of my injuries two days after I saw the wc doctor for the IME. My primary wrote a letter to my attorney with his findings which is very similar to the IME Report by my attorney's doctor.

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: How Do I Respond to the Lies in the IME Report

    So now you have two Dr IME reports. When there is a dispute between the parites over what their Dr say... you go to court. That's where you are now. Benefits may be delayed until a judge intervenes with a order to comply.

  5. #5
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: How Do I Respond to the Lies in the IME Report

    Me being a nurse, I find it interesting that this is probably the only instance where a Dr. can write in his notes a total untruth and not be afraid of being held liable for it. Being in the profession, this bothers me a lot because in all other instances, Dr.s are usually paranoid and very careful about what is in the medical record and well, having to defend it if necessary. Is there a difference if he wrote "Patient no longer has pain" as opposed to "Patient reports that she no longer has pain." I wonder how it was exactly worded and if it can be disputed then?

  6. #6
    Join Date
    Jan 2010
    Location
    Pennsylvania
    Posts
    609

    Default Re: How Do I Respond to the Lies in the IME Report

    oh i knew there was a legal term....just didn't know what it was called. Guess the Hypocratic Oath only means something when the fear of being sued is hanging over their heads.

  7. #7
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: How Do I Respond to the Lies in the IME Report

    This is the same wc doctor who injured my neck at the July 29th appointment 2 weeks previous to being place at MMI.

    At that appointment the wc doctor was doing an exam, he pushed down on the top of my head with excessive force. He forced my head to turn from side to side. (I have posted about this previous on this forum) I told the doctor he was hurting me and he did stop but not right away.

    A few hours later the headache started. I had severe headaches for weeks with my primary doctor sending me for an MRI. The MRI showed a hernation at C5-6 with pressure on the cord and displacing the nerve root.

    The neurosurgeon I saw two weeks ago says I need a ACDF of C5-6. I asked if the doctor pushing down on the head caused the problem and was told the wc doctor aggervated the condition making the problem worse.

    I did tell the wc doctor at the IME appointment about the problems I am now having with the neck since the previous appointment. The work comp doctor was not happy with what I had to say.
    Last edited by Lynn; 10-23-2010 at 07:43 PM. Reason: spelling

  8. #8
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: How Do I Respond to the Lies in the IME Report

    Your welcome and good luck on the chiro visits.

    I have been advised to file a complaint against the wc doctor with the state licensing board. I have looked up the Kansas web site and am very confused by it.

    My work comp attorney tells me I need to contact a malpractice attorney.

  9. #9
    Join Date
    Feb 2007
    Location
    Calif
    Posts
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    Default Re: How Do I Respond to the Lies in the IME Report

    My work comp attorney tells me I need to contact a malpractice attorney.
    For what?
    You have no expectation of treatment with this Dr/IME. There is no patient/treater relationship here. You have suffered no loss, there is no reason to expect recovery. What would you possibly gain by even discussing this with a malpractice atty?
    IF you could find one to consult based on your complaint.

    IME's are just a part of the WC process... you really need to move on from this. YOu have your own PTP and IME refuting the defense IME. That's all you need for a WC judge to decide the issue.

  10. #10
    Join Date
    Apr 2007
    Location
    Kansas
    Posts
    418

    Default Re: How Do I Respond to the Lies in the IME Report

    BvIA I took my attorney's suggestion and taked to a couple of attorneys, but it was more for peace of mind then to take legal action.

    I have made the decision to not take legal action (malpractice)

    My attorney has not added the neck injury to the claim, he has advised me against it.

    As I mentioned before I will file a complaint (with the state licensing board) against the work comp doctor for the neck injury

    I start physical therapy this week for the cervical injury, I want to try the least invasive surgery first before I look at having the ACDF.

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