New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Thursday, October 28, 2010

The Insurance Carrier Sent Me a Notice Saying That I Have to See a Specific Doctor on a Specific Date. Do I Have To Go to That Appointment? What Is That?

Yes, you do.  That notice, which should have come in a form labeled “IME-5” is an IME notice, or Independent Medical Examination.  The Carrier can request that you see an IME so that they can get a second opinion regarding your doctor’s medical evaluation of your condition.  Although these IMEs are supposed to be independent, in reality they represent the interests of the insurance companies and will most likely not know much about your case, or even examine you thoroughly.  Independent of how awful that examination goes, the Carrier has the right to rely on their IME’s opinion and if that opinion is different than that of your doctors’, your attorney will have to depose both doctors in order to demonstrate that your doctor is the more credible one.  Until the Judge makes a final decision regarding which medical opinion best reflects your current situation, the Carrier can pay you according to the IME’s opinion.  If the IME says you are not disabled at all, that will mean you will not receive benefits until the Judge rules otherwise.

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