- | By Steele & Ferguson, P.C.
At a workers’ compensation Independent Medical Exam (IME) in Michigan, a doctor selected and paid for by your employer or its workers’ compensation insurance company examines you, reviews your medical condition, and gives the insurance company an opinion about your work injury, treatment, restrictions, disability, and ability to return to work. You generally must attend a properly requested IME. If you refuse or obstruct the examination, your workers’ compensation benefits can be suspended and compensation during the suspension may be forfeited. Because an unfavorable IME report can affect your wage-loss benefits and medical treatment, take the examination seriously and speak with an experienced Michigan workers’ compensation lawyer if you are concerned about what happens next.
What Is A Workers’ Comp IME In Michigan?
An Independent Medical Examination, commonly called an IME, is a medical examination requested by your employer or workers’ compensation insurance carrier.
It is different from an appointment with your regular treating doctor.
The IME physician may be asked to give an opinion about issues such as:
- Whether you are still disabled
- Whether your condition is related to your job
- Whether you need additional medical treatment
- Whether your current treatment is reasonable
- Whether you can return to work
- Whether you need work restrictions
- Whether your condition has improved
- Whether surgery or additional treatment is necessary
- Whether your current symptoms match the medical findings
Michigan law allows an employer or insurance carrier to require an injured worker to submit to a medical examination during the continuation of the claimed disability. The employer or carrier is responsible for furnishing and paying for the examination.
What Happens At A Michigan Workers’ Comp IME?
While every examination is different, most workers should expect several basic steps.
1. You Receive Notice Of The IME
The workers’ compensation insurance company may send you a letter telling you:
- The doctor’s name
- The location
- The date
- The appointment time
- What records or information may be requested
Do not simply ignore the appointment.
If you have a legitimate scheduling conflict, contact the appropriate person handling the claim promptly.
2. The IME Doctor May Review Your Medical Records
The doctor may review medical information concerning your work injury before or after examining you.
This may include:
- Emergency room records
- MRI or X-ray reports
- Surgical records
- Physical therapy records
- Your treating doctor’s notes
- Prior medical history
- Work restrictions
- Diagnostic testing
The doctor may compare what the medical records say with what you report during the examination.
3. The Doctor Will Ask Questions
Expect questions about your injury and medical condition.
You may be asked:
- How did the workplace injury happen?
- When did your symptoms begin?
- Where do you feel pain?
- What makes the pain worse?
- What treatment have you received?
- Have you had surgery?
- Are you taking medication?
- What physical activities can you perform?
- What activities can you no longer perform?
- Are you currently working?
- Have you tried returning to work?
- Have you had similar injuries before?
- What restrictions has your doctor given you?
Answer truthfully.
Do not exaggerate your symptoms.
But do not minimize them either.
4. The Doctor May Perform A Physical Examination
Depending on your injury, the physician may examine your:
- Back
- Neck
- Shoulders
- Arms
- Hands
- Hips
- Knees
- Legs
- Range of motion
- Strength
- Reflexes
- Sensation
- Walking
- Ability to perform certain movements
The examination will depend on the condition being evaluated.
5. The IME Doctor Writes A Report
This is one of the most important parts of the process.
After the examination, the doctor generally prepares a report containing medical opinions about your condition.
That report may address whether:
- Your injury is work-related
- You remain disabled
- You can return to work
- You need restrictions
- Additional treatment is necessary
- Surgery is appropriate
- You have recovered from the work injury
The employer or insurance company may rely heavily on those opinions when deciding whether to continue paying benefits.
Is The IME Doctor My Doctor?
No.
The IME physician is generally not your treating physician.
The examination is requested and paid for by the employer or workers’ compensation insurance carrier for purposes related to the workers’ compensation claim.
That is why injured workers should understand that an IME is not simply another routine doctor’s appointment.
The doctor’s conclusions may be used by the insurance company when making decisions about your claim.
Can The Insurance Company Make Me Attend An IME In Michigan?
Yes, generally.
Under MCL 418.385, after an employee has given notice of an injury and during the continuation of disability, the employer or carrier may request that the worker submit to an examination by an authorized physician or surgeon.
The employer or insurance carrier pays for the examination.
Michigan’s Workers’ Disability Compensation Agency also warns that refusing to participate in a required IME can put workers’ compensation benefits at risk.
What Happens If I Refuse To Go To A Workers’ Comp IME?
Do not ignore an IME request.
Michigan law states that if an employee refuses to submit to the examination or obstructs the examination, the employee’s right to compensation can be suspended, and compensation during the suspension may be forfeited.
That means skipping an IME without properly addressing the situation can potentially put your workers’ compensation benefits at risk.
If there is a legitimate reason you cannot attend, deal with the issue immediately instead of simply failing to appear.
Can An IME Stop My Michigan Workers’ Comp Benefits?
An IME report can lead an employer or insurance carrier to stop or dispute benefits.
For example, an IME doctor might conclude that:
- You can return to full-duty work.
- You no longer need work restrictions.
- Your current symptoms are unrelated to the workplace injury.
- Additional treatment is unnecessary.
- Surgery is not medically necessary.
- Your disability has ended.
Michigan’s Workers’ Disability Compensation Agency explains that although an injured employee has the right to follow the advice of a personal physician, the employer or insurer may rely on the recommendations of its IME doctor. That conflict may result in suspension of benefits or a workers’ compensation dispute.
The IME doctor’s opinion does not automatically mean your personal doctor’s opinion is wrong.
Medical disagreements can become an important part of a contested workers’ compensation case.
What If My Doctor And The IME Doctor Disagree?
This happens.
Your treating physician might say:
You cannot return to work.
The IME doctor might say:
You can return with no restrictions.
Your doctor might recommend surgery.
The IME physician might say:
No surgery is necessary.
Your physician might believe your condition was caused by your job.
The IME doctor may disagree.
Michigan’s Workers’ Disability Compensation Agency states that you have the right to follow your own physician’s advice. However, the employer or carrier may also follow the IME doctor’s recommendations when deciding how it will handle benefits.
That can create a significant dispute.
If an IME doctor has released you to work while your treating doctor says you cannot work, speak with an experienced Michigan workers’ compensation attorney promptly.
Can I Get A Copy Of My Michigan Workers’ Comp IME Report?
Yes.
Michigan law provides that the injured employee or the employee’s attorney must be furnished a complete and correct copy of the IME report within 15 days after requesting it.
The Michigan Workers’ Disability Compensation Agency likewise advises workers that they can make a written request to the insurance carrier for the IME report and should receive the complete report within 15 days of the request.
Request the report in writing.
The report may reveal exactly what the IME doctor told the insurance company about:
- Your diagnosis
- Work restrictions
- Medical treatment
- Disability
- Ability to return to work
- Relationship between your job and injury
Can My Own Doctor Attend My Michigan IME?
Michigan law provides injured employees an important protection.
Under MCL 418.385, you have the right to have a physician whom you provide and pay for present during the examination.
Whether doing so makes sense in your particular situation is something you should discuss with your workers’ compensation attorney.
How Should I Prepare For A Workers’ Comp IME In Michigan?
Do not panic.
Do not rehearse answers.
Do not try to “beat” the examination.
Instead:
- Know when and how your injury happened.
- Know your major treatment history.
- Know what medications you currently take.
- Understand your doctor’s current restrictions.
- Be prepared to describe your symptoms accurately.
- Tell the truth about previous injuries and medical conditions.
- Do not exaggerate what you cannot do.
- Do not minimize legitimate pain or limitations.
- Arrive as required for the examination.
- Speak with your workers’ compensation lawyer beforehand if you have questions.
Consistency and accuracy matter.
What Should I NOT Do At A Workers’ Comp IME?
Avoid common mistakes.
Do Not Exaggerate
If something hurts, say it hurts.
But do not claim that you cannot perform an activity when you actually can.
Exaggeration can damage credibility.
Do Not Minimize Your Injury
Some people instinctively tell doctors:
“I’m fine.”
If you are not fine, do not say that you are.
Explain your symptoms accurately.
Do Not Guess
If you do not remember something, say you do not remember.
Do not invent dates or medical details.
Do Not Argue With The Doctor
The purpose of the appointment is the medical examination.
If you disagree with the doctor’s eventual conclusions, there are ways to address that dispute afterward.
Do Not Skip The Appointment
Failing to attend or obstructing a required IME can jeopardize your right to workers’ compensation benefits.
Can The IME Doctor Send Me Back To Work?
The IME physician can give an opinion that you are capable of returning to work.
The employer or insurer may rely on that opinion.
For example:
Your regular doctor says:
No work.
The IME doctor says:
Full-duty work immediately.
The insurance company may then take the position that you are no longer entitled to wage-loss benefits.
That does not necessarily resolve the medical dispute.
Your treating doctor’s opinion may still be important evidence.
If you receive an IME report releasing you to work despite your treating doctor’s restrictions, get legal advice before assuming the insurance company’s position is final.
Can An IME Doctor Say My Injury Was Not Caused By Work?
Yes.
Causation is often one of the major issues evaluated in workers’ compensation cases.
An IME doctor may conclude that your symptoms are caused by:
- A pre-existing condition
- Degenerative changes
- An old injury
- A non-work-related condition
- Natural aging
- Another event
That opinion can then be used by the insurance carrier to dispute whether your current condition should be covered by workers’ compensation.
A pre-existing condition, however, does not automatically decide a Michigan workers’ compensation claim.
These cases can involve complicated medical and legal questions.
Why Did Workers’ Comp Suddenly Schedule An IME?
There can be many reasons.
An insurance carrier may want another medical opinion because:
- You have been off work for an extended period.
- Your doctor recommended surgery.
- Your doctor imposed significant restrictions.
- Your condition has not improved.
- You are receiving ongoing wage-loss benefits.
- The insurer disputes the cause of your condition.
- The carrier questions whether additional treatment is necessary.
- There is disagreement regarding your ability to work.
- Litigation has begun or may be expected.
An IME does not automatically mean your benefits will stop.
But you should take the appointment seriously.
What Should I Do After The IME?
After the examination:
- Write down anything important that happened while it is still fresh in your memory.
- Continue following the medical advice of your treating physician.
- Keep attending scheduled treatment.
- Request a copy of the IME report.
- Show the report to your treating doctor if appropriate.
- Watch carefully for letters about your benefits.
- Do not ignore a notice that benefits are being stopped.
- Contact a Michigan workers’ compensation attorney if the IME creates a dispute.
The Michigan Workers’ Disability Compensation Agency specifically suggests showing the IME report to your personal physician for feedback when the doctors disagree.
Frequently Asked Questions About Michigan Workers’ Comp IMEs
What Is An IME In Michigan Workers’ Compensation?
An IME is an Independent Medical Examination performed by a physician who is not your regular treating doctor. The employer or workers’ compensation carrier may request and pay for the examination to obtain a medical opinion concerning your work injury and disability.
Do I Have To Attend A Workers’ Comp IME In Michigan?
Generally, yes. Michigan law permits employers and workers’ compensation carriers to require medical examinations during a claimed period of disability. Refusing or obstructing an examination may result in suspension of workers’ compensation rights and possible forfeiture of compensation during the suspension.
Who Pays For The IME In Michigan?
The employer or workers’ compensation insurance carrier that requests the examination furnishes and pays for it.
Is The IME Doctor On My Side?
The IME physician is not your treating doctor. The examination is requested and paid for by the employer or workers’ compensation carrier for purposes of evaluating issues in the claim.
Can An IME Doctor Stop My Workers’ Comp Checks?
The doctor does not personally terminate your benefits, but an employer or insurance carrier may rely on the IME doctor’s opinion when deciding whether to continue or dispute wage-loss or medical benefits.
Can I Get The IME Report?
Yes. You or your attorney may request a copy. Michigan law requires a complete and correct copy of the report to be furnished within 15 days after a request.
Can My Doctor Be At The IME?
Michigan law gives an employee the right to have a physician provided and paid for by the employee present at the examination.
What If The IME Doctor Says I Can Work But My Doctor Says I Cannot?
You may continue to follow your personal physician’s advice, but the employer or carrier may rely on the IME recommendation and potentially dispute or suspend benefits. This can create a workers’ compensation dispute that may require legal action.
Should I Talk To A Lawyer Before A Michigan Workers’ Comp IME?
If you have a serious injury, are receiving wage-loss benefits, have been recommended for surgery, or are concerned that the insurance company may stop your benefits, speaking with an experienced Michigan workers’ compensation attorney before the IME can help you understand your rights.
Scheduled For A Workers’ Comp IME In Michigan? Call Steele Law
If the insurance company has scheduled you for an Independent Medical Examination, take it seriously.
The IME doctor’s report could affect:
- Your workers’ comp checks
- Your medical treatment
- Your work restrictions
- Whether surgery is covered
- Whether the insurance company claims you can return to work
- Whether your workers’ compensation claim becomes disputed
You do not have to guess about what happens next.
Steele Law helps injured workers throughout Michigan fight workers’ compensation insurance companies and protect the benefits they depend on.
If you have an upcoming IME, received a bad IME report, had your benefits stopped, were denied medical treatment, or have been told to return to work when your own doctor says you cannot, call now.
Call Steele Law at 248-704-2542 for a free consultation about your Michigan workers’ compensation case.
The sooner you understand what the IME means for your claim, the sooner you can take steps to protect yourself.
