What is an independent medical exam? In New York, an independent medical exam means that the exam has been paid for by one of the parties, and 99 percent of the time that means the insurance company has paid. Thus, that "independent" doctor is being paid by the carrier to render an opinion. And quite often the doctor is being paid a lot of money.
Now, if the doctor's opinion is not favorable to the insurance company's position, the insurance company will think twice about hiring that doctor again. So, the definition of independent seems to be that the opinion is paid for. Of course, one would think that a bought opinion would not have the same value as the opinion of the treating physician. But, Judges value these opinions and injured workers often receive less money because of these opinions.
In fact, a few years ago, The New York Times conducted a review of the IME process and reported that the IMEs "are routinely tilted to benefit insurers by minimizing or dismissing injuries." Yet, nothing is done to change this unfair and abusive system.
The New York Times article on the subject of IMEs further stated that "Critics [of the IME system] ... contend that independent medical examiners who reliably dispute workers' doctors are hired more often by insurers." So, a doctor that can be a reliable voice for the insurer stands to get more referrals and more money.
Steps that can be taken to fight the IME system include making sure that you video any IME exam, you exercise caution in filling out any questionnaires given to you by the IME and knowing that no matter how nice the IME doctor may seem, it is likely he or she is not there to help you.
Knowing that this is a part of the workers' compensation system, it may make sense to contact an experienced workers' compensation attorney in your area to help you receive the workers' compensation benefits you are entitled to.
