Legal Question in Workers Comp in New York
If the IME of a workers comp insurance dr has all the medical infornation prior to exam and has already testified, does the judge have the right to order he re examine the patient for new testimony?
2 Answers from Attorneys
As a general rule, the Insurance company has a right to have you examined by an IME (Independent Medical Examiner) periodically as long as you are claiming an inability to work due to an accident or need for medical care due to an accident. I have, unfortunately, had situations where we take testimony from and IME, win the case, and then return to court with the same IME, a new exam and have to take testimony again! This is in total conflict with the intention of the workers compensaiton law - to provide swift medical care and benefits to an injured worker to get that worker back to work!
Unfortunately, the carrier can have you re-examined by the same IME physician right after the claimant has successfully litigated a disability claim against the same IME physician. That happens all the time. Nothing wrong with that.
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