Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

I am so mad! New York

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • I am so mad! New York

    So I go and check my mail this morning, and I rec'd the report from the IME examination that I had two weeks ago. Note that the IME had previously stated in his report that he thought that the increased pain and loss of motion in my neck was casually related to my injury. Well, in this report, he stated that he thought the it was not casually related! He also repeated several times in the report that my pain was increased by a fall I had 18 years ago. I slipped on ice 18 yrs ago and got a bump on my head...which I might add was minor, and I didn't have any problems EVER relating to this fall. All of the sudden not only is this IME stating that it was related to the fall 18 yrs. ago, he lied and stated that all the other doctors involved in my treatment said the same thing~ not one of my treating doctors ever said that! How can the IME get away with making that statement? Two months ago, one of my doctors sent a letter to WC and my attorney that "In my professional opinion, patients pain and decrease in ROM is an absolute result of her work related injury on 7/17/05". At that point, the WC judge added my neck to my claim, but they still needed testimony from the IME and my doctors~ and that's when the IME said that it wasn't related! The IME also had the wrong date for my injury, and failed to list all of the resulting injuries from my fall. He also said that I was running down the stairs, which never happened...I didn't make it past the second step, someone spilled starchy water on the top step and didn't clean it up, down I went. The fact of the matter is, I didn't have problems with my neck until I fell. Are they going to just blow me off because this doctor lied? I am so pi$$ed right now, I can't believe he can lie like this.
    My doctor just called me~ they made another appt. for me on 5/3, she told me that "they do this all the time". Is this true?

  • #2
    Is what true? Not sure what your question is.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      is it true

      That IME's lie, and do everything in their power to discredit a IW. This is the reason I dropped out of law school, I felt that the justice system wasn't fair,and certainly not simple!

      Comment


      • #4
        Calm down. IME evaluations and an injured employee's own doctor's reports are often in conflict for any number of reasons, some valid, some not. When you reach MMI (maximum medical improvement) and the various doctors' reports are in conflict regarding your injuries, causation, any PPD, etc., one of two things will happen:

        1. The WC carrier will offer a dollar figure as a full and final settlement, which you can either decide is fair and accept or you can reject it.

        2. If you and the WC carrier can't come to terms on your own, the WC Division will schedule a hearing and an Administrative Law Judge will look over ALL the doctors reports and relevant information and he or she will decide what's fair.

        The system IS set up so that no one doctor's report has the ultimate word if there are differences in medical opinions.

        Comment


        • #5
          IME bs

          that is the reason that i have recorded ALL of my doctor visits that way all you have to do is rewind....play and voila!!!! the exact words that came out of their mouths so they can't deny or lie abought what was said to you. lot better than another person going with you. it is legal in this state so you'd need to check with your own to see what you an do but most of the time it's not. and as far as not allowable in court...lol....the judge still gets to hear what is said no matter what. been there. makes a big diffrence when they learned they can't lie no more. i even record sessons with my lawyer so i can remember things he said. i even get the transcriptions of what the doctor said on his own tape recorder after i've been to see them.three boxes full of records, letters, cd-rs and numerous other files and such just to keep the playing field level with the (edited).

          Comment


          • #6
            Just want to reiterate one point that injuredperson makes - check your state law before you do this. State law varies and it is NOT legal in all states to record a conversation without the permission of all parties involved.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              No it is not true that all IME's lie. The doctor gets paid the same whether they say X or Y, so there really is not benefit to them either way. Some docs are better at getting the facts straight and some tend to favor the injured person while some are more conservative. The whole point of an IME is that it is not the definitive authority. It is simply one more nuetral (as in not directly involved in the treatment or care) opinion. If it is wildly out of line with what the other opinions say, then it isn't likely to be given much weight when a decision is made.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #8
                can't imagine why

                I am calm...just a little p'd off! I just couldn't imagine why the IME (who I thought was very nice to me during the examination) would say that the other doctor reports said something that they didn't say.
                I'm pretty sure that in NY you are allowed to bring a camcorder with you to the exams, but hopefully I will not have any after this one. This was my 7th visit to the same IME in the past two years, and I am close to settlement stage.
                Thanks for all the help!

                Comment


                • #9
                  Then it means even less that this one exam has the facts wrong. If 6 exams by him say one thing and just one says something else, it doesn't make the one very credible.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment


                  • #10
                    omg'ness

                    your a genius...I didn't even think of that. omg. Thank you

                    Comment


                    • #11
                      Good luck to you TattooLadyinNY
                      If it's not the pain from the injury then it's the pain from the BS we all have to deal with.
                      Hang in there and be well
                      Tom

                      Comment


                      • #12
                        hi

                        Hi there~ thanks for all the support.

                        Comment

                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                        Working...
                        X