Legal Question in Workers Comp in Virginia

IME /Medical Equipment

I have a w/c claim that is 11 years old. I am not receiving lost wages due to an attorney error early on in my case, but I have been receiving coverage for my medical needs through my w/c carrier. I have an attorney, but am getting as much run-around from him as I am the carrier. I have been told that I am to attend an IME next week and that the case manager will be attending the appointment. Is she really allowed to sit in on my physical exam and interview with the doctor? I feel it is NOT in my best interest for her to be sitting in the exam room. I also would like to know if my doctor feels that I need a special mattress and an orthopedic chair and he orders these, is my w/c carrier responsible for the bills? I have fibromyalgia and myofascial pain disorder as a result of my work injury and they have been paying for my medical care for these disorders for 11 years. I am also having trouble with the carrier paying for current medical bills and they have been recently denying me medical care that was ordered by the doctor and the worst part is that my attorney is letting them get away with it. Is it time to find a new attorney or am I stuck with him as well?


Asked on 9/24/04, 11:06 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: IME /Medical Equipment

Dear Sir: With the IME exam, you can request to be examined privately, but you want to know everything the nurse case manager says to the doctor. Even though you have a Medical Award from The Commission, it is only for the medical problems that are related to your Work Injury. As time goes by it can get more and difficult to causally relate your ongoing medical problems to an injury 11 yrs ago. If any care or bills are being denied, file a Claim for these with the VA Workers Comp Commission. You will have to show (1) the bill and (2) a medical note relating the refused medical care to your accident. File often.

Gerald G. Lutkenhaus

Read more
Answered on 9/25/04, 6:24 pm


Related Questions & Answers

More Workers' Compensation Law questions and answers in Virginia