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Understanding An Independent Medical Examination Under Georgia Workers’ Compensation Law

Often, we see clients who are not happy with their “Workers’ Compensation doctor”. Unfortunately, most of the time these “Workers’ Compensation doctors” are only providing minimal care and are helping the insurance company to save money. Usually when an employee is first hurt, he/she is sent to an occupational clinic with an injury and more often than not returned to work with no restrictions on the same day. This of course prevents the insurance company from having to pay out income benefits known as temporary total disability (TTD). Unfortunately, the patient is sometimes still in pain or not able to work and the doctor will simply not listen to the patient but rather refers the patient to the company claiming they (the doctor) can’t take them out of work that the employee needs to see what the employer tells them to do. This is ridiculous, but we are never surprised to hear this from our clients.

Whenever we have a client whose medical records support a serious injury and the company doctor is ignoring the patient, we will send clients for an Independent Medical Examination (IME). This evaluation is performed by a physician of the injured workers’ choosing and is paid for by the insurance company. This only is true however if the workers’ compensation claim has been accepted and TTD benefits have been received within the last 120 days. If the injured worker has not been taken out or work nor received any monetary benefits the insurance company is not responsible for an IME.

Assuming the claim is accepted and the claimant has chosen a doctor to perform an IME, it is important that the claimant provide the IME physician with all the appropriate medical records including MRI scans, CT scans, and any other findings related to the claimant’s workers’ compensation injury. Without adequate medical documentation the IME doctor is limited in his/her evaluation. It is most likely that the claimant’s IME doctor will discuss future medical treatment options, work restrictions or limitations and may even provide an impairment rating depending on the claimant’s condition and if the claimant is at maximum medical improvement.

Unfortunately workers’ compensation claims are often controlled by the insurance company and the physicians. Having an experienced workers’ compensation attorney can help alleviate some oft he headaches and hassles that often come with a work related injury. Contact Murphy and Associates by calling (770) 577-3020 for a free consultation regarding your on the job injury.