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  • Ime

    I live in NC. I work as a nurse and I was injured on the job in 6/05, currently I am on light duty. The insurance co has not been good about physical therapy and I have been without for over two months. The insurance company also sent me to a back surgeon, who immediately did not want anything to do with me the minute he found out I was not interested in surgery for my herniated lumbar disc. Now the insurance co has set an appointment with another ortho MD for and IME (independent medical exam). I do not have an
    attorney. Can I appeal the IME myself through the Industrial Comm myself? ...
    also can I request a second opinion from an MD of my chioce? I wrote a letter to the insurance co and they have denied my second opinion of the MD of my choice and have set up this IME. What is the law and what are my rights? Thank you.
    Last edited by rosie; 11-15-2005, 07:09 PM. Reason: partial sentance

  • #2
    You need to have an attorney. This is probably too complex for answers from a public bulletin board. Most attorneys will take Work Comp cases on contingency.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3

      I have had one drop me because they did not think I would have surgery so
      they thought they would not have a profit. I called another and they would not take it. I can't see going back to working full time in the hospital so I
      would think I'd get a partial rating. So if I appeal the IME just file form 33 to the industrial comm. ?


      • #4
        NC IME and 2nd opinion

        IN NC the law says you have to submit to a reasonable IME for so long as you are claiming work comp benefits. You are entitled to a second opinion on your disability rating, but not on treatment issues, absent agreement or an order of the Industrial Commission.

        You need to contact another lawyer. I routinely take cases without much regard to what the fee may end up being, because I know that if my client is really hurt then the fee usually works out just fine for me. Unfortunately, some of my colleagues seem to be more interested in getting a quick fee and moving on.

        Bob Bollinger, Board Certified Specialist in NC Work Comp Law, Charlotte NC
        Bob Bollinger, Attorney
        Board Certified Specialist in NC Workers' Compensation Law
        Charlotte, NC


        • #5

          I am on light duty and am not receiving w/c beneifits, I may be going out of town that day, should I change the appointment date, I mean what could the insurance co do if I changed apt dates? Thanks


          • #6
            I wouldn't change it, if your plans are at all flexible. It may give your employer the impression that you are dodging the doctors and you aren't as badly hurt as you think. I'm not saying this is the case, you understand, but it could look that way.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


            • #7
              Change Primary MD

              First, thanks for all of your replys they have been most helpful. I heard what was written reguarding the second opinion, but what if I want to change the primary MD w/c has sent me to. ie they sent me to a back surgeon. Being a nurse and knowing the out come of back surgery, I would not have a surgery unless I could not walk. Having back surgery is like throwing you from the frying pan into the fire. I want to be treated by a neurologist. My back surgeon wants to do a diskagram, they are very painful. I spoke to one of the
              neurologists tonight and he did not think a diskagram was needed. So how do I request a complete change of MDs?


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