Legal Question in Workers Comp in Illinois
is this normal
My doctor has released me back to work but with restrictions. My work hired an IME that I didn't even see to look at my files and a FCE report. This doctor said I can go back to a heavy capacity job with no restrictions even though both my doctor and the FCE report clearly shows that I should have restrictions.
2 Answers from Attorneys
Re: is this normal
Unfortunately it is "usual" "customary" and to be expected by employers and unscrupulous insurance companies - but it is not "normal" in the sense of being morally correct.
An "IME" is a misnomer - the doctor is not independent, but is hired to say you can return without restrictions or that you are exaggerating your symptoms.
Some doctors - such as Doctor Zelby - return workers back without any restrictions so often that their examination reports are often completely ignored by the Arbitrator.
If your doctor is a well qualified specialist in the field of your injury (orthopedics, etc.) and the FCE was "valid" then you should not have any problems convincing the Arbitrator of your restrictions.
You really should get a lawyer to assist you, this is not a do it yourself project at this stage due to the gravity and finality of the situation.
Good luck,
Matt Belcher
Re: is this normal
What the other attorney said is very true. I would only emphasis that this is not a "do-it-yourself" project. You would do yourself a favor by talking to an attorney and asking for legal help.
I hope this helps,
Nima Taradji