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IME appointment done. Now what?

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#1
What is the name of your state? IL

My brother (I'm asking this for him) had an accident at work where he injured his right hand real badly and now can't use it very well at all. He had surgery and then physical therapy for quite awhile and now it appears that the doctor has decided that no more can be done. My brother has recently been officially terminated from his job as well. He's been on Workers Comp. since the accident. A couple days ago, he had to go to an IME appointment and was examined by a doctor assigned by the employer. My brother tells me this doctor is recommending some new tests such as an Electromyogram, and also said that it appears he has partial blockage of an artery leading into his hand--probably the artery that was injured in the accident and caused so much bleeding. Perhaps this is what's interfering with his hand getting better even after therapy.

My question: Should my brother accept having new tests done? Is it a requirement? He said his lawyer said he doesn't have to prove anything to this doctor and advised him to only answer non-legal and non-medical questions since answers could be used against him. But what if this IME doctor says he can do a procedure that would help my brother's hand get better? Should he go ahead with it, or is that an invitation for trouble. From everything I've heard, the IME doctor is only there to look out for the employer by denying him Worker's Compensation. However, my brother getting his hand fixed is also very important. So I'm asking here to see what you guys think should be done.
 


#3
Your brother should be listening to his attorney.
Well, so far he is. So do you think he should not have any tests like the EMG done, or anything that this doctor thinks could help his hand get better? Or would refusal of these things actually be used against my brother by saying he was "uncooperative"?
 

LdiJ

Senior Member
#4
Well, so far he is. So do you think he should not have any tests like the EMG done, or anything that this doctor thinks could help his hand get better? Or would refusal of these things actually be used against my brother by saying he was "uncooperative"?
Again, those are questions that HE needs to ask his attorney.
 

cbg

I'm a Northern Girl
#5
I think that it would be totally irresponsible for anyone on a message board to second guess either your brother's doctor or his attorney.
 

cbg

I'm a Northern Girl
#7
No one here is a doctor. And even if we were, no one here has seen his medical records. No one here can POSSIBLY judge whether or not he should have the tests or not. Or what his workers comp carrier will judge to be "uncooperative".
 
#8
No one here is a doctor. And even if we were, no one here has seen his medical records. No one here can POSSIBLY judge whether or not he should have the tests or not. Or what his workers comp carrier will judge to be "uncooperative".
I guess what I'd like to know is, from a legal standpoint, should my brother allow the IME doctor to do any procedure he says will improve my brother's condition? Or would this be something that would go against his Worker's Compensation claim? Or again, could the refusal to have a procedure done be used against my brother as a sign of not being cooperative?
 
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Zigner

Senior Member, Non-Attorney
#9
I guess what I'd like to know is, from a legal standpoint, should my brother allow the IME doctor to do any procedure he says will improve my brother's condition? Or would this be something that would go against his Worker's Compensation claim? Or again, could the refusal to have a procedure done be used against my brother as a sign of not being cooperative?
And, yet again, your brother needs to ask these questions of his attorney.
 

Zigner

Senior Member, Non-Attorney
#11
I'll advise him to do that. I just thought this message board was for getting legal advice other than, "Ask someone else".
Your brother has a legal professional (attorney) working for him who is aware of all the facts surrounding your brother's case. Doesn't it seem more wise to you that said legal professional is the best person to answer these sorts of questions, as opposed to, say, random people on the internet?
 

cbg

I'm a Northern Girl
#12
Go back and read what I said about second-guessing his attorney and his doctor. They have all the facts. We do not. This site is for GENERAL legal information, not for specific advice on what an individual WHO ALREADY HAS SPECIFIC LEGAL ADVICE should do.
 

quincy

Senior Member
#13
I guess what I'd like to know is, from a legal standpoint, should my brother allow the IME doctor to do any procedure he says will improve my brother's condition? Or would this be something that would go against his Worker's Compensation claim? Or again, could the refusal to have a procedure done be used against my brother as a sign of not being cooperative?
Your brother should listen to his attorney on legal matters and he should listen to his doctor on medical matters.

If a doctor is recommending treatment that his attorney says he should not have, your brother should consult another doctor (or two) and base his medical treatment on the medical opinions he receives - not on what the attorney (who is not a doctor) advises.
 
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