The first thing to know about a so-called Independent Medical Examination (IME) is that it is neither independent nor a bona-fide medical examination. Although IMEs purport to be independent, it is apparent from the pattern of behavior and the relationship of IME doctors to insurance carriers that this is not the case. The IME itself is conducted by a doctor who has been hired by a workers' compensation insurance company, a "self-insured" employer (a company providing its own workers' compensation insurance) or the New York State Insurance Fund -- parties with a financial interest in minimizing the extent of injuries and illnesses suffered by workers.
The IME is nothing like a medical exam. According to interviews with injured workers and occupational health physicians, the typical IME is vastly different than the type of thorough examination needed to provide a sound basis for important decisions about wage-replacement benefits and medical treatment for injured and sick workers. Exams are generally limited to:
- completion of a medical-history form by the claimant;
- a review of available documents provided by the worker's ("treating") physician;
- a brief medical exam during which the IME physician asks questions about symptoms, treatment previously received, whether the medical condition is improving and, in some cases, during which the IME physician may perform a limited physical exam;
- and the recording of impressions, either in writing or on tape-recorder, regarding the extent of injury or illness, the extent of disability, and what treatment, if any, is called for.
The IMEs ostensibly provide insurance carriers with their own "independent" medical evaluations of workers' compensation claimants.
In other words, the exams address whether or not the injured or sick worker is as disabled as the injured workers' doctor says and whether the worker needs ongoing care. But according to one attorney familiar with the system, most IME doctors will only be rehired by insurance carriers if they consistently disagree with the evaluation of the treating physician.
IMEs are also used to make determinations utilized by insurance carriers in connection with paying medical bills and settling, arbitrating and litigating claims over wage-replacement benefits, addressing questions such as
What is the final degree of disability? In addition, IMEs are intended as a safeguard against fraudulent suits, or claims without merit.
In other words, is this claim valid and genuine?
The IME is
not intended to provide injured and sick workers with medical treatment or to give medical advice. Indeed, workers can refuse medical advice from the doctor.