Questions.....IME

[red1030]

Hi all...I have a question. I have looked everywhere and can't find the answer to this. I talked to the our lawyer's secretary and she didn't have an answer.

My husband was hurt Dec 05. His claim was denied in Jan 06. He had an IME requested by our lawyer in Nov 06. He was rated at 45% by this physician. Now we are waiting on the IC to request their examine and to do it. How long can the IC drag their feet in obtaining this IME? In New Jersey there is a 2 year timelimit to file for the formal hearing. Does the lawyer have to wait for the IC to do their examination before he or she can file for a formal hearing? That would mean that our lawyer must file for the formal hearing by January 08. Our lawyer's secretary said that she is calling the IC 2 - 3 times a week.

My major need to know this information is because we are moving to the other side of the country as soon as our home sells. Also I guess I would like to know how much longer this is going to drag out. We don't want a lot but would like IC to pay for all of our healthcare bills and acknowledge that they goofed up. I may be asking for too much on that last one. Any information would be appreciated. Thanks.

[punk]

Red, it would be my opinion that your attorney can file the suit at any time. There shouldn't be a need for him to have to wait for them to decide if they're going to accept it or not! As well, it could very well be that they won't make a moove until he does file...they may think he's calling their bluff, so to speak. If it were me, I would ask him to file as soon as possible. Mainly because if your state is anything like many of the others...it's going to be quite some time before you get a date to go before a judge!!! Seems that most WC courts are VERY backed up. For instance, I filed in July 06, and my court date isn't until late June 07...and that's the first of what I'm sure will be several dates. Don't know that for sure...but it's entirely possible that you will have more than one court appearance.
As for the other question as to how long this can go on. Well, that's a tough one. Some are able to get done with WC in fairly short order (a year or so) and yet others it takes 2-5 years sometimes more to get over and done with it all!! That's something that can never be foretold...simply because for as many different IW's there's that many scenarios and idiosynchosies to deal with, know what I mean? It all goes back to each case is as different as the individual itself...no two are exactly right!! Sorry I can't do better than that...but...that's just how it is!!
I wish you and hubby the very best in getting this thing taken care of and completed...I know how badly one can want this nightmare to end, believe me...I really do!! My injury happened on 10-15-05, filed suit 07-06 and will go to court for the first time 06-20-07...so see...it can be a long road...with a lot of BS in between!!! Good luck and I hope you are able to get your home sold in record time and that your move is an easy one!!!