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another IME question

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  • another IME question

    Lawyer MIA again, lol. Not only that i would rather take the advise here instead. What happens if you do not go to the appt. I really see no reason to waste the doctors time or mine, because, now I hear he is not there to "treat me", only for a second opinion. I guess whether or not I do need surgery, (which i really dont want anyways, after hearing alot of horror storys,in the waiting room, about the type of surgery at the first appt). But of course i am totally sick of the pain, and do want something done and wanted it done yesterday, (it has now been almost 6 months). This is a 3rd party suit that had to involve workmans comp, tried to bypass that, didnt work. I believe it is actually workmans comp sending me to the IME, not the 3rd party insurance company.
    Last edited by rear-ended; 02-20-2010, 08:02 PM.

  • #2
    The only thing I can say, is if WC sets up an appointment for you to see a doctor, and you don't go, they can close your claim, and if you are recieving any checks from them, they will stop. Someone else will have to add to this, because that is all I know.


    • #3
      First of all- Second opinoins are the norm with any kind of WC surgery. Once you get into the WC system, you need to go to Dr appts etc to keep yourself covered. Besides, if you are unhappy with the progress so far, why not hear what another Doctor has to say?
      Depending on the state, you may be able to request another physician. Ask your WC case manager about that. They may be willing to send you to another type of Dr who isnt a surgeon to explore other (less costly) options. They are very reluctant to send you to a "pain management" doctor since those tend to be non-ending treatments and very very expensive and not solving the real problem (from a WC point of view).

      Second, nothing works quickly in either the medical field or WC.

      Third, if released back to regular or modified duty by the WC doctor, employees are genrerally expected back at work. Thats the way it is in most places. The employer depends on the Dr's evaluation to decide if the employee will be back. If the Dr returns you to work and you decide to take the rest of the day off, in most places it would be docked from your sick leave.
      I find that the harder I work, the more luck I seem to have.
      Thomas Jefferson


      • #4
        DO NOT SKIP THE IME. Whether you think it is necessary or not, your employer/insurer is entitled to the second opinion and not cooperating will derail the whole process faster than anything. Whether you want surgery or not, the IME is important. You seem like you are trying to be cooperative with the whole process and I know it gets frustrating and confusing but do yourself a favor and keep that appointment.
        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.


        • #5
          I would tell them that you are thier employer, and they are NOT to sue your work, or you will drop them and hire an attorney that listens to you! I must say though that they may have very good reasons for doing what they are doing, but you still have the right to say NO!! You retained them, but you still make the calls here, do not let them tell you that you have to do that! Tell them that you will report them to the lawyers board (or whatever it is), for going against your wishes, and filing a claim without your knowledge or consent!!
          Last edited by turbowray; 06-08-2007, 08:38 PM.


          • #6
            I would be asking why your lawyer is advising you sue your employer. The circumstances under which you can do that are very few and far between and nothing you have posted indicates your case falls under those situations. Also, a lawsuit would have no effect on your NCM. Unless your lawyer is trying to ban the NCM, in which case you do have the right to overrule that decision if you wish, there is no reason you couldn't still have one.
            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.


            • #7
              No one is offering up legal advice here, but we can answer questions that the lawyer seems unwilling or unavailable to answer. Not all attorneys are good about explaining the overall process to their clients or making sure that the client understands why it is recommended to proceed a certain way. Attending an IME is one such example. Some lawyers are great about explaining why one is being scheduled and emphasizing the importance of keeping the appointment with their clients and others are not. It doesn't matter what we do for a living, those of us who have experience with this process can certainly explain.

              I fail to see how the link you provided is in any way related to this post. Obviously there are posters with different backgrounds and approaches here. Yes, some of us come by the knowledge we share in part because we do this for a living and others of us come by the knowledge first hand or through that of a loved one. Many of us, at least I and many of the regular posters I know for a fact, come at this from a combination of perspectives.
              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.


              • #8
                Another perspective

                Let me tell you shy you should attend from another perspective. In the suit against the jerk who hit you, you don't want the jerk's lawyer using it against you n the witness stand. "Uncooperative" - "failure to follow medical advice" - "people who are hurt don't pass up the chnace to go to a doctor - especially when someone else is paying for it" are all themes I can think of to use against you.

                Also, on trying to bypass WC - are you certain the jerk that hit you has enough insurance coverage to pay you for what you've been through, your lawyer, and all the medical treatment you will ever need? Or will a combination of the liability insurance and your own uninsured motorist coverage (or no-fault) be enough? The answer is you don't know. You may be fairly certain at this point, but you don't know. If you end up needing a LOT more care, you'll be glad workers' comp is paying 100% of the bills. Remember also that your health insurer doesn't pay 100% - you will be out of pocket something. Even though you will almost certainly recover money against the jerk who hit you, you'll be out of pocket in the meantime - - and that could be years.

                Attend the IME, use your WC benefits, pay attention to your health first and legal issues second.

                My $0.03
                Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.


                • #9
                  Originally posted by rear-ended
                  I live in PA, you must have at least a certain amount of insurance, from what i understand, the person who hit me, does have insurance, the company van did get fixed through that partys insurance. also about 2 wks ago my lawyer did say he had insurance. how much he had, i dont know.
                  How is it going??


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