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How many times can Ins.Comp. send husband to IME?
#1
Question 
Hello,
We're in PA.
My husband was hurt in March & is on workers comp. He injured his shin (causing a hemotoma) and ligaments on each side of his ankle. He's had 2 operations (for shin) and is now in physical therapy. Was told by his specialist & insur. co.'s dr. it'll take a while before he's back to 100%. They say it's because his ankle was immobile for 6 months while they were working on his shin.

The workers comp ins. comp. has set up an appt for a 2nd indep. medic. exam. When he went for the 1st IME, which was within the 1st 90 days of injury, that dr recommended my husband go back to work. Three days later he had his 1st of 2 surgerys and has continued out of work.

He's still seeing the workers comp dr even though the insur comp doesn't want him to. It's within my husband's right to do this, and he feels it's good seeing both doctor's as they see things from different perspectives & are complementary for each other.

Question 1)Does my husband have to go to this 2nd IME appt? Now that the inital 90 days from the injury is past, can't he just go by what his specialist says?
Question 2)My husband's doctors override what the IME will say, correct?
Question 3)Isn't the IME's report a recommendation, not an order?

Thanks for the help.
 
Reply
#2
in Pa I believe the answers are
yes
no
no,. it's an opinion
 
Reply
#3
An IME can be requested at any time.
yes he has to permit an IME opinion
Yes he can go by what his specialist says; just as the carrier can go by what the IME says.
both your husband's doctors and the IME are medical evidence. The comp court will make the decision based on the evidence from all sources.
correct. both your husband's doctors and the IME opinion are recommendations and do not have the authority of the court.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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