Independent Medical Examinations in Pennsylvania Work Injury Claims

If you have filed a workers’ compensation claim in Pennsylvania, your employer’s insurance company may request that you attend an independent medical examination, commonly called an IME.

An independent medical examination is a medical evaluation requested by the workers’ compensation insurer and performed by a physician of the insurer’s choosing. Although commonly called independent medical examinations, IMEs are performed by physicians selected and paid by the employer or insurer.

In Pennsylvania, the right to request an IME is established under the Workers’ Compensation Act. Section 314 of the Act allows an employer or insurer to require an injured worker to submit to a medical examination by a physician selected by the employer. Refusing to attend an IME without good cause can result in the suspension of your workers’ compensation benefits.

Why Do Insurers Request IMEs?

Insurance companies request IMEs to determine the extent of a worker’s injury and need for benefits. 

Common injuries and claims that frequently lead to IME requests include:

Claims involving extended medical treatment or long-term wage-loss benefits are the most likely to trigger IMEs. 

IME Findings and Workers’ Comp Cases

In many cases, IME findings work against an injured worker. For example, the IME physician may conclude that your injury is not as severe as your treating doctor believes, that you have reached maximum medical improvement, or that your condition is unrelated to your workplace accident.

These findings can be used by the insurer to:

  • Petition to suspend or terminate your wage loss benefits
  • Challenge the necessity of ongoing medical treatment
  • Dispute the connection between your workplace injury and your job
  • Reduce the overall value of your claim

The IME doctor has no duty to treat you and is not your physician per se. Pennsylvania courts recognize that IME reports carry weight in workers’ compensation proceedings. However, they also value the opinion of your own treating physician, who has a relationship with you and knows your medical history. 

How to Approach an IME

You should treat an IME appointment with the same seriousness as any legal proceeding. Keep the following in mind:

  • Be honest and consistent. Answer questions truthfully and do not minimize or exaggerate your symptoms.
  • Be thorough. Describe all of your symptoms and limitations, even those that may seem minor. IME physicians sometimes note only the complaints a worker mentions during the visit.
  • Take note of IME details. Pay attention to what the physician examines and what they skip. Brief or incomplete examinations can be challenged.

After the examination, the IME physician will submit a written report to the insurer. If that report contradicts your treating doctor’s findings, the insurer may file a petition with the Pennsylvania Workers’ Compensation Bureau seeking to modify or terminate your benefits.

You have the right to challenge the IME findings through the workers’ compensation hearing process.  

If you have received notice of an IME or if the insurer has moved to reduce your benefits based on an IME report, you should contact an experienced Lancaster workers’ compensation attorney right away. Your attorney can help you challenge IME findings and show how your medical records and opinions from your treating physician support full benefits. 

Contact Marzzacco Niven & Associates today to schedule a free consultation to learn more about your rights.

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