In Idaho, employers or their insurers generally have the right to decide which doctor an injured employee sees for work-related injuries. Given the advantage that offers, it could be disconcerting to suddenly be told that you need to subject yourself to an independent medical examination (IME) by yet another physician – one you don’t even know.
Under Idaho Code § 72-433, an employer, their insurer or the Idaho Industrial Commission may require you to undergo an examination with a qualified physician or surgeon at their expense. If you do not attend, your workers’ compensation benefits will be stopped.
Why would another medical opinion be needed?
Usually an IME is ordered because there is some question or dispute about an issue related to your workers’ comp claim. This might include:
- Whether additional treatment is medically necessary, especially if it is major
- Whether you can return to work and, if so, under what restrictions
- Whether you have reached maximum medical improvement
- Whether a preexisting condition contributed to your symptoms
- Whether you have any permanent injuries and to what degree
- When there are multiple treatment recommendations and they do not agree
For example, suppose you injured your shoulder while lifting equipment at work. Your treating doctor recommends surgery and says you cannot return to your regular duties. The insurer may arrange another examination to determine whether the doctor it selected agrees that the injury is work-related and surgery is necessary.
It’s also possible that you may be required to attend more than one IME over the course of your claim, so long as each request is supported by a reasonable cause.
An employer-requested examination can influence whether your treatment and benefits continue. Many are not nearly as “independent” as they claim to be. Before attending, review your notice carefully, make sure you understand the purpose of the exam and consider speaking with an Idaho workers’ compensation attorney if anything about the request (or results) seems unreasonable.