An IME is a medical evaluation to determine the status of a worker’s medical condition. The IME doctors answer questions, written by claims managers. The questions look like this:
Has the worker’s claim-related medical condition has reached maximum medical improvement?
Is there any further treatment necessary?
Are there work restrictions?
Is there any permanent impairment?
Who Requests an IME?
Labor & Industries. (this is a problem)
Self-Insured employers. (this is a problem)
Your doctor (this could be a problem).
Why Is an IME Being Scheduled?
IME’s are usually scheduled by L&I and Self-Insured employers because they want to:
close your claim
segregate out medical conditions
deny medical conditions
end medical care
They do this by scheduling an IME with doctors who will help them “manage” a claim. These medical opinions allow them to have their way with your L&I claim.
Can I Bring an Observer to the IME?
Yes you can. If the IME doctors tell you different they are wrong.
Here are the details. An observer can be a friend or relative, but not your attorney, paralegal, or doctor. The observer can attend the physical examination but not the psychiatric examination. WAC 296-20-2025
This observer can see and take note of anything the IME doctors do which may not be appropriate. They can also keep track of how much time was spent examining you versus how much time was spent reading your records.
The Harsh Reality of Serious L&I Injuries
Serious job injuries are human tragedy. For many serious injuries there is no good solution. There is no complete recovery from the unrelenting pain and permanent disability. The L&I claim has to end somehow and L&I uses the IME to make that happen and to pound nails into the coffin of the injured worker.
Don’t like what L&I is doing to you? Then do something about it.
It is the responsibility of the injured worker to salvage what they can from the L&I claim. Let me say it again.
IT IS THE RESPONSIBILITY OF THE INJURED WORKER TO SALVAGE WHAT THEY CAN FROM THE L&I CLAIM.
Do not confuse politeness with your responsibility to take care of yourself. If you don’t help yourself, who will do it for you? If you can’t help yourself then get a lawyer to help you. You only get a short period of time to salvage what you can from your L&I claim. Do it or lose it!
Be Prepared for Your IME
Bring in an observer – This can be a friend or a relative. Your friend or relative can attend your medical exam, but not your psychiatric exam. An observer can be helpful.
Understand what the IME is. The purpose of the examination, is to shut down your medical treatment and your L&I claim.
An IME doctor is not your doctor. The evaluation does not create a doctor patient relationship. The IME doctor will not prescribe medication and will not treat you.
This doctor is going to try and trick or confuse you with his tests. Give genuine effort and honestly communicate your pain levels and limits on all tests.
What to wear. Avoid clothing that restricts movement. Avoid clothing and accessories that can convey negative non-verbal messages.
Know about your treatment plan. Be knowledgeable about the doctors you have treated and consulted with, what kinds of medication you are currently taking and what kinds of regimens and home therapy programs you are completing. With your doctor’s permission avoid taking medication that would cause drowsiness or limit your ability to focus at the appointment, avoid medications that reduce inflammation or mask pain. Your want the IME doctor to be able to see your pain without you showing it to him.
Your medical records will be a big part of the IME. Know what is in them.
Don’t be offended by the doctors questions. It’s their job to get personal about your injury.
What Happens at the Examination?
The IME doctors spends lots of time with your medical records and only a little time examining you.
The physicians will take your medical and family history, ask about current symptoms, and perform a short physical examination with testing. They may request x-rays or lab tests, and they will write a report for L&I or the self insured employer with their findings and their opinions.
The IME doctors perform a one time exam and they should focus only on industrially related conditions. These physicians are not your doctor! These IME doctors are paid by L&I and self-insured employers to produce a report with results that please L&I or the self insured. These examinations are not designed to assist injured workers with their claims! Be careful!
Some of the physicians actually watch you from the minute you leave your car until you return to your car and drive away. It is not uncommon to see IME reports which say things like “he ran from his car to the office, but began to limp when he entered the exam room. Don’t allow something like that to happen.
Independent Medical Examination doctors can be tricky so keep the following in mind:
Light touch to any area should not hurt. If you act like it hurts they will report you as a faker.
Do not exaggerate your injuries. Many IME doctors want you to exaggerate your injuries so they can say that in their report.
The distraction test involves pretending to test one area, while recreating the same test to a different area. For example, if the doctor is testing your neck he might do so obviously in front of you. Later he might test it via distraction by asking you questions while he walks behind you. He is looking to see how you rotate your neck when you don’t realize your neck is being tested.
Dropping an object such as a pen on the floor is used to see if you will either pick it up quickly or look at it quickly and thereby make movements that you would not have made while you think you are being tested.
Will I Get Reimbursed for Missing Work and for Mileage?
Missing Work – Yes, you should be reimbursed based on your hourly wage at the time of the examination. Talk to your claims manager.
Mileage – Yes! In certain situations there is reimbursement for meals, hotel expenses, taxi fare, parking costs, and ferry and bridge tolls. These will be paid at the current department rate. SAVE YOUR RECEIPTS!!! You must complete a travel reimbursement form within one year of the exam and include your receipts. Travel reimbursement form.
If you have a physical or mental disability, travel arrangements can be made to assist in your traveling to the exam.
What If I Need to Reschedule?
Contact your claims adjuster immediately and request a different date. Reasonable requests should be accomodated.
What Is In an IME Report?
IME report conclusions are often written before you even walk into the IME. That “doctor” was simply waiting to fill in your name. These conclusionery statements are already sitting on the word processor of the IME doctor.
These guys get paid by the page. As a result they will write many pages about the history of your claim. In effect this was simply reading and reproducing the existing medical records so they can charge more money.
Here are some of their pre-written conclusions.
The injured workers medical condition has reached maximum medical improvement
No more medical care is needed
The medical condition was a pre-existing condition
The worker has returned to pre-existing status
The injured worker can return to the job of injury without restrictions
There is no permanent partial disability related to the industrial injury
There is no depression, the injured worker has a personality disorder
The IME doctor then uses lots of ink reviewing and writing about your medical records. He then spends a few minutes with you, and churns out a report with is prepared conclusions.
The Truth About IME’s
IME’s are a complete sham. They are the way L&I ruins your claim.
IME stands for Independent Medical Evaluation. However they are not independent and they are not a medical exam. They are a bought and paid for one sided records review with an opinion likely to cut off your claim. IME examiners are medical doctors who have sold their soul. They do the devils work.
Who are These IME Doctors?
A few of them are real doctors. Many of these guys are genuine losers. They have long ago sold out to the establishment. They are non believers. Before you even walk into the IME they already believe you are not injured. Some of these guys do IME exams because they do not have the personality nor the disposition to care for people. They are not real doctors, They are bought and paid for b L&I and Self Insureds. Some of them make hundreds of thousands of dollars a year sticking it to injured workers.
How to Complain About My IME
Minor Complaints, such as rudeness can be handled by L&I. Send a complaint letter or a completed IME comment form to:
IME Provider Review – L&I
PO Box 44322
Olympia, WA 98504-4322
For Serious Violations – of State Law RCW 18.130 including unprofessional conduct, fraud, and misdiagnosis of a condition contact the people who license them Washington State Department of Health. If you don’t do it who will.
Chris Sharpe is a Seattle, Washington workers’ compensation attorney that has helped hundreds of injured Washington State workers. Chris’s firm represents only individuals who have been injured or are disabled, never the employer or insurance company. Learn more about the firm or contact us today to see how we can help.
Christopher Sharpe is the go to attorney for injured persons. His law firm is helpful, honest, and knowledgeable about workers' compensation and personal injury law in the State of Washington. Chris has been helping injured Washington State workers for over 30 years. He has built his practice on thoroughly educating, honestly helping, and successfully representing workers throughout Washington State. Public schools did not teach you how to survive the effects of a serious job injury and effectively handle an L&I claim. Our website does. It provides you an opportunity to get information about the medical, vocational, financial, and legal help you need to make your L&I claim work for you. Read the information on this website and then contact us with your questions. Taking the time to learn about injury law and your rights could be the smartest thing you've ever done. We are here to help you make good choices.