Legal Question in Workers Comp in California

Independent Medical Examiners

I was injured over a year ago at my job at an Indian Casino and have since been receiving treatment after they pushed me out of the job. My state disability is about to run out and I am still injured. Every doctor they have paid to send me to has tried their best to help me and now i am being pushed to see one of the Independent Medical Examiners of their choice. So far, everything has been my choice and I am afraid that they are trying to get out of the possibly expensive procedure it will take to fix me. Do I have to see their IME?


Asked on 5/16/07, 12:47 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Independent Medical Examiners

They do have the right to set up a medical examination. But if you are receiving W.C. benefits you should not also be getting Stare Disability, which is for non-work related injuries. It seems to me that you need to retain a skilled WC attorney to represent you.

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Answered on 5/19/07, 12:23 am
Ronald Mahurin Law Offices of Ronald Glenn Mahurin

Re: Independent Medical Examiners

I think you should find a certified WC specialist because I am not certain the WCAB has jurisdiction on Indian land. You may need someone fluent in Federal procedure. However, I am not certain of your employment arrangement.

If the casino has followed the proper procedures, then you will be required to attend the medical exam. Generally for an unrepresented applicant the carrier must request a Panel QME from the IME in Oakland. You then get to select which physician you see.

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Answered on 5/19/07, 12:56 pm


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