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  1. #1
    Join Date
    Aug 2015

    Default IME Reports vs Treating Physician

    I got released to work through Employer doctor that I selected from a panel.. however, I saw an IME doctor for a second opinion and was placed on restrictions that also states if I cant be accommodated no work? Whos report is valid? When I called to inform my employer they want me to speak to my wc case worker before returning. . My benefits have been suspended as of the 13th and I am not even 50% better.. can someone help me understand? If my employer won't take me back due to restrictions will my benefits restart?

  2. #2
    Join Date
    Jan 2015

    Default Re: IME Reports vs Treating Physician

    The IME doctor's opinion is not going to trump the panel physician's opinion. If the panel doctor has you released full duty, your income benefits will not restart.

    Couple of questions though -- who selected the IME doctor? Was it one that you picked or one that the employer picked? It would have a bit more weight if the IME doctor was selected by the employer. If you selected the doctor, they will ignore it completely. Do you have a lawyer? If so, talk to him/her about this. You may have some options regarding a change in physician (either by right, or by petitioning the Board). If you don't have a lawyer, it sounds like you ought to at least consult with one. Also, be very careful of WC "case workers." They aren't there to help you. When I take in a case, one of the first things I do is get rid of them if at all possible.
    Charles Hamilton

    This post is NOT LEGAL ADVICE, but is for education and information only. Legal advice comes after a complete review of the facts and relevant documents. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights.

  3. #3
    Join Date
    Aug 2015

    Default Re: IME Reports vs Treating Physician

    I have a lawyer but I dont feel he is working in my best interest.. I was released to work on 11/13 my benefits stopped 12/15 . My IME was on the 11/19 .. My last appointment with the panel doctor didn't go well he pretty much kicked me out his office. Plus when I brought my paperwork to my employer they told me they'll get back to me and also the hr director stated if the IME said im still on restrictions then I still am.. I dont know if they'll let me go back.. and I dont have income due to benefits ending. I was thinking of switching lawyers

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