Quick Overview:An Independent Medical Examination (IME) can be requested by various parties involved in disability management cases. These include employers, insurance companies, and the legal community. The purpose of an IME is to obtain an unbiased medical opinion regarding a claimant’s condition and ability to work.
Answer:
Various parties can request an IME, including:
1. Employers: Employers may request an IME to assess whether an employee’s condition allows them to perform their job duties or if any workplace accommodations are necessary.
2. Insurance Companies: Insurance companies often request IMEs when evaluating disability claims to determine the extent of impairment and eligibility for benefits.
3. Legal Community: Lawyers representing either party in a disability case may request an IME as part of their evidence-gathering process or to challenge the opposing party’s medical opinions.
4. Workers’ Compensation Boards/Agencies: Government bodies responsible for workers’ compensation may require claimants to undergo an IME before approving or denying benefits.
5. Healthcare Providers/Referring Physicians: In some cases, healthcare providers or referring physicians may recommend or request an IME when they believe additional information is needed for proper diagnosis or treatment planning.
Detailed FAQs and Answers:
1. Can employees refuse to attend an IME requested by their employer?
In most jurisdictions, employees are obligated to attend scheduled IMEs as long as reasonable notice is provided by the employer and it aligns with applicable employment laws and collective agreements.
2. How does requesting party choose which doctor will conduct the IME?
The requesting party typically selects a qualified independent medical professional who specializes in the relevant field related to the claimant’s condition but has no prior involvement with their care.
3. Are there any limitations on how many times a party can request multiple exams?
The frequency of requesting multiple exams varies depending on jurisdictional regulations, specific case circumstances, and reasonableness criteria established by courts or governing bodies. Generally, excessive or unnecessary requests may be challenged.
4. Can a claimant bring someone to the IME appointment?
In most cases, claimants are allowed to have a support person present during an IME appointment. However, their role is usually limited to providing emotional support and cannot interfere with the examination process.
5. What happens if the IME report contradicts previous medical opinions?
If an IME report contradicts previous medical opinions, it can significantly impact the outcome of a disability case. It may lead to further investigation, negotiation between parties, or even litigation depending on how each party interprets and defends their respective positions.
6. Are there any time limits for requesting an IME after a disability claim has been initiated?
Jurisdictional regulations vary regarding time limits for requesting an IME after initiating a disability claim. Parties should consult relevant legislation or seek legal advice to ensure compliance with applicable deadlines.
7. Can a party challenge the findings of an IME report?
Yes, parties can challenge the findings of an IME report through various channels such as cross-examination in court proceedings or by obtaining another independent medical opinion from a different expert in the field.
BOTTOM LINE:
An Independent Medical Examination (IME) can be requested by employers, insurance companies, and the legal community involved in disability management cases in Canada. The purpose is to obtain unbiased medical opinions regarding claimants’ conditions and abilities related to work tasks or eligibility for benefits. While attending scheduled exams is generally mandatory for employees under reasonable circumstances, parties have avenues available for challenging reports that contradict prior medical opinions or contesting findings through legal processes if necessary.