Legal Question in Workers Comp in Illinois
Independent Medical Exam
I tore a tendon in my ankle in a fall at work. I had surgery to repair it. I returned to work on a part-time basis (at the agreement of the IME Dr) since the pain was worse than after the injury. I was discharged two months later because I could not work full-time. The Co. said this is their policy, but I could find nothing to that effect in the policy manual. I saw two other Drs. and had more surgery. The result was that the pain was worse. I now have nerve damage in the foot. I am at a Pain Clinic. 5 months into a 6 month treatment program the insurance co. now wants another IME. Was I wrongfully terminated? What can happen at the IME? Can they discontinue my treatment and TTD at that time? I have some pain relief, but still can not stand for the amount of time my job requires. I now have muscle wasting in my foot and calf and the shape and size is much smaller than my other leg, as noted by a Dr. What can I do if the IME Dr. says I'm fine and I'm not? Can I ask for retraining if I cannot go back to my original career? I have a M.S. degree. Can the insurance co. make me take any job they want? I have an attorney but he is very unhelpful. He appears to be frustrated that I'm not getting well. Should I get another attorney?
1 Answer from Attorneys
Re: Independent Medical Exam
Your situation appears to be one that must be brought before the Industrial Commission and a determination be made as to whether or not the discharge was reasonable. If not, you have additional recourse and additional damage you may claim. As for the IME, it is entirely possible that they discontinue your treatment-the insurance company of course is not your friend nor is the doctor on their payroll who will certainly not bite the hands that feed him.
Your best bet at this time is to consult with attorney who understands WC claims. You need to do this at once.
I hope this helps,
Nima Taradji
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