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How to Choose a Philadelphia Workers’ Comp Lawyer

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Jason Renoff

What an Independent Medical Examination Actually Is

The insurer hires a physician to evaluate you and answer specific questions. Are you fully recovered. Can you return to work. Are your current restrictions related to the work injury or to something else. Is the treatment you are receiving reasonable and necessary.

The doctor does not treat you. There is no doctor patient relationship, nothing you say is confidential, and no follow up appointment. The entire purpose of an independent medical examination is to generate a written report for the carrier.

That does not make it illegitimate. It makes it adversarial, which is a different thing, and it means preparation matters.

Do You Have to Go?

Generally yes. Section 314 of the Act permits the employer to require you to submit to a physical examination at reasonable times and places. In practice these are limited to reasonable intervals, commonly no more than about once every six months.

Refusing without good cause is serious. The employer can petition, and a Workers’ Compensation Judge can order your benefits suspended until you comply. That said, the request has to be reasonable. An appointment ninety miles away when qualified physicians practice in Center City is worth challenging through counsel rather than simply ignoring.

The insurer must also cover reasonable expenses of attending, including travel. Our page on mileage reimbursement covers how that works.

An IME Is Not an IRE

These get confused constantly and they do very different things.

An independent medical examination can happen at almost any point in a claim and asks whether you are recovered, whether you can work, and whether treatment is reasonable.

An Impairment Rating Evaluation happens only after you have received 104 weeks of total disability, and it assigns a whole body impairment percentage that can convert your status from total to partial disability. That conversion starts a 500 week clock. We cover it on our assessment of impairment ratings page.

Different exams, different consequences. Read your letter carefully to see which one you have.

What Happens During the Exam

Expect it to be short. Many last fifteen to thirty minutes, which surprises workers who assumed a serious evaluation of a serious injury.

You will complete intake paperwork, describe how the injury happened, and go through a physical examination of the affected body part. The doctor will already have your medical records, the incident report, and often surveillance footage or social media if the carrier gathered any.

The observation starts before the exam room. How you got out of the car, how you sat in the waiting room, how you removed your coat. All of it can appear in the report.

How to Prepare

  • Arrive early and bring a list of every treating provider, every medication and every body part injured. Omissions get characterized as inconsistencies later
  • Be accurate, not brave, and not dramatic. Describe a normal day honestly. Overstating is the fastest way to lose credibility, and so is minimizing out of pride
  • Do not guess. If you do not know, say you do not know
  • Mention every affected area, including anything that developed later. Injuries left out of the record are hard to add back in
  • If you have a pre-existing condition, say so. Pennsylvania compensates aggravation of a pre-existing condition. Concealing it is far more damaging than disclosing it. See our page on pre-existing conditions
  • Write down what happened afterward while it is fresh: arrival time, how long the doctor spent, what was tested, what was said

What Happens After the Report

One of three things.

If the report supports ongoing disability, the claim continues without much drama.

If it says you are fully recovered, expect a Termination Petition seeking to end benefits entirely. If it says you can perform modified work, expect a Suspension or Modification Petition reducing them. Our pages on termination of benefits and suspension of benefits explain what each one does.

Here is the part worth holding onto. An unfavorable independent medical examination report does not end your case. The insurer still has to prove it in front of a Workers’ Compensation Judge, and your treating physician’s contrary opinion is evidence too. Judges weigh credibility, exam length, the doctor’s familiarity with your records, and how often that physician performs these exams for carriers. Our page on workers’ compensation hearings walks through how that plays out.

Workers in South Philadelphia, Northeast Philadelphia and Bustleton often assume a bad report is the end of the road. It is the beginning of the litigation, not the end of it.

FAQs

Can I bring someone with me to an independent medical examination?

Often yes, and it is usually a good idea. A friend or family member in the room can later confirm how long the exam lasted and what was actually tested. Practices vary by physician, so have your attorney confirm in advance rather than arriving with a surprise guest.

What happens if I miss my IME appointment?

Contact your attorney and the carrier immediately and ask to reschedule in writing. A single documented conflict is usually manageable. Repeated failures to attend can support a petition to suspend your benefits until you comply.

Is the IME doctor really independent?

Not in the everyday sense of the word. The physician is selected and paid by the insurance carrier. Many perform these exams regularly for the same carriers, and that pattern is something a Workers’ Compensation Judge can properly consider when weighing the report against your treating doctor’s opinion.

Can my benefits stop right after a bad IME report?

Not automatically. The insurer must file a petition and prove its case before a judge, and benefits generally continue while that litigation proceeds. A Temporary Notice of Compensation Payable is a separate situation with different rules, which is why an early legal review matters.

Should I talk to a lawyer before my independent medical examination?

Yes, and before the appointment rather than after. A short conversation can cover what the exam is targeting, what to disclose, and what to document, all of which is much harder to fix once the report is written.

Get Ready Before the Appointment

An independent medical examination is a scheduled, predictable event, which means it is one of the few parts of a claim you can genuinely prepare for. Most of the damage comes from walking in without knowing what the exam is for.

Gross & Kenny, LLP represents injured workers across Center City, South Philadelphia, Northeast Philadelphia and Bustleton from 1500 John F. Kennedy Boulevard, Suite 1450, Philadelphia, PA 19102. If you have an IME scheduled, call 215-512-1500 for a free consultation or reach us through our contact page. Hablamos Español.

Personal Injury Attorney Philadelphia | Gross & Kenny, LLP

Personal Injury Attorney Philadelphia | Gross & Kenny, LLP
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