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  1. #1
    Join Date
    Apr 2016
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    3

    Default Dispute Over Whether an Injury Caused Nerve Impingement

    My workers compensation claim was made in the State of: <Michigan..Federal work comp..Sent to Dr Drouillard for IME...stated only small bulges in 2 lower lumbar discs but MRI clearly states herniated with nerve root impingment..the dr states no nerve impingment. This was a referee exam which means he gets the final say. Looking for links, info on appeal process or what to do to disclaim his findings

  2. #2
    Join Date
    Oct 1971
    Posts
    5,120

    Default Re: IME Appeal

    injurinmi
    Quote Quoting injurinmi View Post
    My workers compensation claim was made in the State of: <Michigan..Federal work comp..Sent to Dr Drouillard for IME...stated only small bulges in 2 lower lumbar discs but MRI clearly states herniated with nerve root impingment..the dr states no nerve impingment. This was a referee exam which means he gets the final say. Looking for links, info on appeal process or what to do to disclaim his findings
    You use your treating doctors' opinion and the MRI that showed the ruptured disc to impeach his opinion.

    At this point you're in over your head, you need a lawyer.
    Consult and retain a lawyer that specializes in Worker Compensation before you do or say anything - let him deal with it.

    Tony
    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

  3. #3
    Join Date
    Apr 2016
    Posts
    3

    Default Re: IME Appeal

    Quote Quoting tony View Post
    injurinmiYou use your treating doctors' opinion and the MRI that showed the ruptured disc to impeach his opinion.

    At this point you're in over your head, you need a lawyer.
    Consult and retain a lawyer that specializes in Worker Compensation before you do or say anything - let him deal with it.

    Tony
    Thanks..the problem is that its federal so a lawyer won't take the case with promise of payment from settlement..they do not settle. SO I would have to pay out of pocket for a lawyer..contacted one at $320 hr with $3200 retainer fee..I have been on compensation for 2 years at 66% pay, single..can't afford it at all. Federal comp has a whole different set of rules.

  4. #4
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,778

    Default Re: IME Appeal

    Maybe you can take his report to the doctor who says you have a HNP and impingement and get that doctor to issue an updated report that counters the referee exam. If the referee examiner was simply incompetent perhaps the original doc will say something helpful for you in his new report. But I don't practice in the FECA system so I don't know whether you can even submit it or not. There is a Federal forum here on this site. You may want to check it for advice.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

  5. #5
    Join Date
    Apr 2016
    Posts
    3

    Default Re: IME Appeal

    Quote Quoting complwyr View Post
    Maybe you can take his report to the doctor who says you have a HNP and impingement and get that doctor to issue an updated report that counters the referee exam. If the referee examiner was simply incompetent perhaps the original doc will say something helpful for you in his new report. But I don't practice in the FECA system so I don't know whether you can even submit it or not. There is a Federal forum here on this site. You may want to check it for advice.
    Thanks so much! Will be addressing the issues with my dr

  6. #6
    Join Date
    Jan 2013
    Posts
    25

    Default Re: IME Appeal

    No for federal case it cost you nothing. What state do you live. Since the case federal you can hire an attorney from any state.
    Last edited by Gulzar746; 05-12-2016 at 11:03 AM.

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