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Released by IME Doc While Still Under Restrictions from My Doc - Printable Version

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Released by IME Doc While Still Under Restrictions from My Doc - HadEnuffAlready - 09-23-2011

Hi has anyone gone through this? I really don't know what to do. I was injured at work and had to have surgery. I just had an appointment with my dr. a wk. ago and he kept me on lifting resctrions due to pain and other problems that they want to run tests for. I've been back at work on light duty but I've exceeded the time I am allowed to be on restrictive duty. I was informed by my employer that I was released for full duty by the IME dr. whom I haven't seen since 2 months before my surgery! How is this possible and what should I do?




RE: Released by IME Doc While Still Under Restrictions from My Doc - 1171 - 09-23-2011

you should get a copy of the IME report that released you to work and have your doctor comment on it in a separate report.
if they deny disability payments you can appeal to the comp court.
you might want to report the IME to the Medical Bureau and/or file a complaint with your work comp agency.


RE: Released by IME Doc While Still Under Restrictions from My Doc - HadEnuffAlready - 09-23-2011

What about work? Attorney isn't much help, he said I should try it. What if I jack myself up even worse?
I found this when I was looking around a different attoryney's site:


If your treating physician continues your restriction from working, but an Independent Medical Exam (IME) physician hired by the insurance company gives the opinion that you should be able to return to work, then what?

If there is a disagreement among physicians as to whether you are able to return to work, you are allowed to rely on your treating physician’s opinion, and not go back to your job at that time. If your employer fires you solely based on relying on the IME opinion, when it’s known that you have a different opinion from your doctor, this could be considered a retaliatory discharge.

The Illinois workers’ compensation system has a process for resolving those issues. If you can’t agree, you take it to the Illinois Workers’ Compensation Commission to make a ruling. But your employer cannot just decide that the IME is correct, and rely solely on that opinion to fire you for not returning to work, when you have an opposing medical opinion.


I don't know what the heck to do.



RE: Released by IME Doc While Still Under Restrictions from My Doc - 1171 - 09-24-2011

if you have a new injury, you can file a new claim.
the consequences are yours, so the decision should be yours.
only you know if you can work without restrictions.
each state has different comp laws, don't rely on advice from another state.
if you don't trust your attys advice you can switch.





RE: Released by IME Doc While Still Under Restrictions from My Doc - Manley2 - 09-24-2011

Sometimes your employers use things like this to proof your doctor is wrong and you can work without restriction. As 1171 said only you will know what you can and can't do. If they want you to do things that are hurting then you need to tell them and if you need to tell them you need to see a doctor. It can be a fight but if they are trying to get you to do something you can't you are the one that has to make a stand for yourself. It sucks they do this to us. Good luck


RE: Released by IME Doc While Still Under Restrictions from My Doc - gba2011 - 09-25-2011

(09-24-2011, 09:02 AM)Manley2 Wrote: Sometimes your employers use things like this to proof your doctor is wrong and you can work without restriction. As 1171 said only you will know what you can and can't do. If they want you to do things that are hurting then you need to tell them and if you need to tell them you need to see a doctor. It can be a fight but if they are trying to get you to do something you can't you are the one that has to make a stand for yourself. It sucks they do this to us. Good luck


HadEnuffAlready,

My advice to you is that your doctor's determination about your fitness is undisputable, or at least it is here in MA. Of course, the IME is going to tell your insurer who tells your employer that you are fit for duty. It is what IMEs do to enable the insurer to cancel your disability payments. If your attorney is not doing anything than find one that will. S/he is going to have to file a case against the insurer with your state's worker's comp agency.

Be prepared for a battle!

gba2011 **website removed by moderator**