Can an IME doctor be sued if his decree: “patient is fully recovered” is later shown to be a medically fraudulent lie?: Had a work injury in PA that was settled six months ago. I always knew that the IME report was a scam by the IME doctor who by the way has many bad reviews on the web stating patients are “fully recovered”. I had informed my attorney how I felt about the IME doctor. I recently had another set of MRI’s done and a vestibular test which confirm I still have a cervical and brain injury. I felt slandered by the IME doctor and he also caused me emotional distress by his lie. Though the case is now settled, can he possibly still be sued due to what appears as workers comp fraud by the insurance doctor? The medical evidence did not support his lie before and the lie is confirmed by the recent tests six months after settlement.
Robert’s answer: As you have learned, there is nothing truly “independent” about a defense (IME) medical physician’s opinion. They know who is paying their hefty bill to examine you and that the exam is solely for litigation. While you are correct that the IME doctor was wrong, he is entitled to his opinion as wrong is it was.
Thus, while its very frustrating, you will not be able to successfully sue the IME physician. The defense often will get these opinions in order to try to terminate, suspend or modify your benefits. Effectively, the IME report is used as a basis for cases to settle, as in your case.
Injured foot in a non-work related accident i am a. full-time police officer can I be terminated?: Cannot put Weight on foot. I am out of vacation and sick days this week. I’m going to file for Workmen’s Comp and I am a full-time civil service police officer in a first class Township What are the laws and can I be terminated?
Robert’s answer: More facts are needed. In General, or your disabling injury was not in course and scope of employment, you will not be entitled to workers compensation benefits. However, you may be entitled to short term disability benefits if available through your employer or your union.
You should only apply for workers compensation benefits if there is a good faith basis that your disability is work related. For example, if you had. a pre-existing condition that was made substantially worse by your work duries, that may qualify as an aggravation of a pre-existing condition which could potentially be a legitimate work related disability.
Consult with an experienced workers compensation attorney in your local area.
Consultations are free and no fee is charged unless you recover.
What to expect now that the final hearing in my workers comp case us done and my attorney submitted his brief?: Had my final hearing (only time a judge was involved in my case) in July (12th) my attorney requested 45 days and the defense requested 30. My attorney submitted his brief after the judge took in everything at the final hearing. Wanted to know what to expect now as I’m still in pain and out of work so I know nothing about this process.
Robert’s answer: This is a question for your atttorney, who knows the most about your case and the judge assigned to it.
Your attorney will know the judge and his/her general timeframe for making decisions. At this point, unless your case were to settle (which is questionable at this stage) it is just a matter of you waiting for a decision. Most judges will have a decision published within 3-4 months after the last brief is filed.