Independent Medical Exmainations: Knowing Your Rights Under the Georgia Workers' Comp Act
Often, I am told by my clients that they do not agree with their doctor's opinion regarding their diagnosis, work restrictions, and treatment options. I am never surprised to hear this because with workers' compensation, you are usually only allowed to select a physician from a list of 6 doctors the employer and/or insurance company has pre-screened for their practice tendencies and willingness to cooperate with the attorney or nurse case manager who represents the interests of the employer or insurer. Furthermore, employees are often skeptical of doctors who are selected by their employer because they do not know the doctor's reputation or feel they have not been treated fairly.
With that being said, the overwhelming majority of doctors who are on panels will not be persuaded by the insurance company's attorney or nurse. There are good doctors on employer's panels. The majority of doctors will do the right thing, and give an honest assessment of the injured workers' symptoms, diagnosis, treatment options, and ability to return to work. Therefore, the decision to request an IME should be considered carefully.
When a client desires to have an independent medical examination or IME, certain requirements must be met under the Georgia Workers' Compensation Act for the insurance company to be financially responsible for a Claimant's one-time IME. O.C.G.A. Sec. 34-9-202 (e) (the applicable law) requires that the case has been accepted as compensable, meaning the employee has received money for their lost time from work, and the injured worker must have received a check within the last 120 days at the time of the appointment. So, if an injured employee's case has not been accepted as compensable, it is often very difficult to arrange for a second opinion; however, other options are available. (The employee can pay for an IME or the attorney can pay for it as part of the expenses of litigation.)
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