If you have a workplace accident or occupational injury, your employer's insurance carrier might request an “Independent Medical Examination,” or “IME,” at any point, whether soon after the injury or years down the road. 

Don’t be fooled by the name—there is nothing “independent” about these examinations. They are doctors hired by the insurance carrier, and they know which side their bread is buttered on. Their “examination” is often designed to provide the carrier a medical opinion basis to reduce your benefits, return you to work with restrictions that are different from your treating doctors’ restrictions, or deny your claim. Attending the “IME” is required by Wisconsin law. 

Kingree Law Firm represents Wisconsin workers who are seriously injured in workplace injuries or who have a medical condition that was caused by work activities over time. We appeal denied worker’s compensation benefits, and can build a case for the maximum worker’s compensation benefits you are entitled to even if your claim appears to be paid in full. 

What Is an “Independent” Medical Examination? 

An “‘Independent Medical Examination,” or “IME” is an in-person examination performed by a medical provider who has not previously treated the injured worker. The doctor performing the exam is selected by the employer’s worker’s compensation insurance carrier to evaluate the injured worker and provide an opinion on the cause, nature, and extent of the worker’s injuries. By law, the insurance company has a right to request this. 

These examinations are far from independent and would be more aptly called a “Defense Medical Examination,” or “DME.” No medical treatment is provided, and the medical report is created at the request of the insurance company. Many doctors who provide these “independent” medical examinations make a lot of money examining dozens of worker’s compensation claims every month and want to continue to be hired in this capacity.

What to Expect at an “IME”

“IME” appointments are typically short, lasting 5 to 15 minutes. You do not need to bring your medical records to the appointment, despite what a letter from the insurance carrier may tell you. During the examination, the doctor may perform a physical examination and ask questions about your injuries, how they happened, and how they affect your daily life. Once the “IME” is over, the doctor will prepare a report summarizing their opinion on the cause of the injury, the severity of the injury, and what they consider to be appropriate treatment.      

How to Prepare for an “IME”

• Arrive on time. If you miss the appointment for an “unreasonable” reason, your worker’s compensation benefits can be cut off. Personal convenience, events that can be rescheduled, scheduled to work at the time of the appointment, disagreement with the process or your anticipated denial of benefits, or other similar circumstances, are not legally reasonable excuses to miss the appointment. You are entitled to lost wages and mileage to attend the IME.
• Tell the truth about the accident and your injuries. When the doctor asks about the incident and your injuries, be truthful and describe what happened and your medical condition(s) without exaggeration or embellishment. 
• Be brief, factual, and only answer questions that are asked. Do not volunteer information without a question. Do not guess or speculate. 
• You can bring an observer, but this is often unnecessary. You have the right to bring an observer with you to the appointment as long as they do not disrupt the examination. However, an observer is unlikely to influence the IME doctor’s opinions. An observer may not be able to testify about what the IME doctor said due to hearsay rules. A best practice is to only bring an observer if you are concerned about sensitive information that may be irrelevant to your claim. 

Things to Avoid at the “IME”

There are things to avoid during the “IME” to help the appointment go more smoothly. 

• Do not argue with the doctor. You can and should explain your injuries and how they happened, but do not argue with the doctor. 
• Do not discuss anything other than your injuries and their work connection. Do not discuss your financial situation, your legal situation, or anything else that could be used to deny your claim for benefits or dispute the nature or extent of your injuries. Do not discuss grievances with your employer or things that could be construed as ulterior motives. 
• Beware of surveillance. The insurance company may be recording you on the way to the appointment and as you walk into and out of the “IME” doctor’s office. Be sure your activities are consistent with your treating doctor’s restrictions. 

Why Is the “IME” Important?

The “IME” can affect the outcome of your worker’s compensation claim. The “IME” doctor may provide an alternative explanation for your injuries and symptoms, which the worker’s compensation insurance company can use to dispute the cause, nature, or extent of your injuries. This report can affect the benefits you receive, including what medical treatment is approved and the amount of your financial compensation.   

What If You Disagree with the “IME” Findings?

If you disagree with the “IME” findings, you should consult with a worker’s compensation attorney. Our office can build a case based on your treating doctor’s opinions to contest the denial of worker’s compensation benefits. 

How Kingree Law Firm Can Help

Kingree Law Firm is a premier Wisconsin worker’s compensation law firm. Our skilled and experienced worker’s compensation attorneys exclusively represent injured workers in claims for worker’s compensation benefits. We primarily represent injured workers outside the Milwaukee area and have earned a reputation as one of the top worker’s compensation law firms in the state. We will protect your rights and help you recover the worker’s compensation benefits you deserve. 

Contact Kingree Law Firm Today

If you have experienced a workplace accident or suffered an occupational injury that caused significant lost time from work, permanent disability, permanent wage loss, or if your claim for worker’s compensation benefits was denied, contact Kingree Law Firm today to schedule an appointment to discuss your situation and how we can assist you.