IRE, No Consent Form Signed

[Wartiger]

I have a friend who was sent to an IRE and when he read the consent form, he saw that it said the doctor would go over the consent paperwork with him, so he thought he'd sign it when he spoke with the doctor. As it turns out, the doctor took the form and put it in his briefcase, never went over it, never even looked at it and proceeded to a quick, 4 minute exam.

The doctor never told my friend to inform him when things hurt during the exam, and my friend thought there would be a thorough examination. Instead, the exam was over in less than 5 minutes, and he recieved a very low rating. Is there a chance for my friend to retake the exam, but this time with the knowledge that he needs to tell the doctor when things hurt rather than expecting a real examination?

How will the fact that the consent form was not signed and not discussed affect the rating of the IRE?

Thanks very much.

[Timothy Belt]

I would suggest that your friend talk to his doctor and determine whether an additional IRE would make a substantial difference. In PA, for the IRE to actually help the injured worker, the rating must be at or above 50%. If the rating is below 50%, there is no practical difference between a 5% or a 45% percent in regard to impact on benefits. If his doctor feels an additional IRE may result in a rating at or above 50%, have his doctor schedule it. Finally, he should take the report to his attorney to review since there are other technical arguments which may be applicable in his case. If he does not have a lawyer, this would be a good time to consider getting one.

[Wartiger]

I would suggest that your friend talk to his doctor and determine whether an additional IRE would make a substantial difference. In PA, for the IRE to actually help the injured worker, the rating must be at or above 50%. If the rating is below 50%, there is no practical difference between a 5% or a 45% percent in regard to impact on benefits. If his doctor feels an additional IRE may result in a rating at or above 50%, have his doctor schedule it. Finally, he should take the report to his attorney to review since there are other technical arguments which may be applicable in his case. If he does not have a lawyer, this would be a good time to consider getting one.

Thank you very much for the reply, sir. Would you be able to comment on how the consent form being unsigned could affect things? That's something he was curious about, because he's not getting very good answers from his attorney. He felt like his attorney didn't properly prepare him for the IRE.

[Timothy Belt]

To be honest, I am not aware of any actual requirement for the consent form. The Act requires him to go and does not mention anything about a consent form. I believe it is more of a CYA by the doctor than an actual legal requirement.

[Wartiger]

To be honest, I am not aware of any actual requirement for the consent form. The Act requires him to go and does not mention anything about a consent form. I believe it is more of a CYA by the doctor than an actual legal requirement.

I see. I guess he'll just have to wait and see what they want to do about the IRE results. I appreciate you taking the time to provide helpful answers, thank you very much.