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Continue Reading HRTO Nudges Open Door to Employer - Requested Independent Medical Examinations
Once these three steps have been taken, injured workers should follow their healthcare provider's instructions so they are able to make a full recovery, attend any
required Independent Medical Examinations, attempt to go back to work as soon as it is medically feasible and attend any hearings related to their workers» compensation claim.
The RPC team includes two board - certified Physical Medicine & Rehabilitation physicians and one board - certified Orthopedic Surgeon who can
perform independent medical examinations and interpret functional capacity evaluations to determine the physical capabilities of injured parties.
The changes include an expedited hearing process, the capping classification of the maximum medical improvement at 2-1/2 years through the create of a credit to employers and a panel that will
study independent medical examinations.
The defendant sought leave to appeal an order dismissing her application for an order requiring the claimant to attend a
second independent medical examination («IME») with an orthopedic surgeon.
Under R. 30 (1), courts routinely considered, as one of many factors, the severity of the plaintiff's injuries and the potential magnitude of the plaintiff's claim in addressing the appropriateness of
further independent medical examinations.
I am of the view that the plaintiff's convenience should be considered in determining where
the independent medical examination should take place.
There is, on the other hand, considerable advantage to the parties in having
the independent medical examination being conducted in Vancouver in that the expert will be available to attend at trial if required to do so and readily available for cross-examination.
By requesting
an independent medical examination or review, we can pursue your right to further treatment.
The purpose of
an independent medical examination is to put the parties on a basis of equality.
[124] ICBC called expert evidence from Dr. Olie Sovio, an orthopaedic surgeon, who at ICBC's request conducted
an independent medical examination of the plaintiff on June 27, 2013 and produced a report dated July 2, 2013, admitted at trial.
[40] She is right to say that there has been no previous order that she attend at
an independent medical examination by an orthopedic surgeon.
b. Nonetheless,
an independent medical examination is an examination conducted by a person appointed by the court.
On previous occasions when this Court directed Dr. Breberin to attend in Vancouver for
an independent medical examination, gave explicit reasons for doing so, and noted that there was insufficient medical evidence to permit the Court to accede to her argument that she was unable to travel, Dr. Breberin later continued to question the Court's jurisdiction to make such an order.
[13] As I noted when I referred to the affidavit filed by the plaintiff in response to the application, there is very little evidence with respect to the nature of the medical problem that will prevent the plaintiff from attending at
an independent medical examination.
I am also of the view, however, that the onus should fall upon the plaintiff to show that there is a reason to depart from the general rule that the defendants are entitled to choose the expert who should conduct
the independent medical examination on their behalf.
Because the case is set for trial in Vancouver, I am of the view that it is in the interests of justice in this case to order that
the independent medical examination take place here.
Here, the plaintiff should be required to show some justification for requiring that
the independent medical examination should take place in Edmonton.
The independent medical examination is scheduled in the relatively distant future, on July 8, 2011.
You may then be asked by your employer (or your employer's insurance company) to undergo
an independent medical examination.
To receive workers» compensation, injured workers must submit to
an independent medical examination or insurance medical exam.
[32] In Carol v. Gabriel (1997), 14 C.P.C. (4th) 376, Mr. Justice Henderson excluded a surreptitiously recorded videotape of
an independent medical examination.
One of the more frustrating aspects of practicing in accident benefits law that that insurance companies repeatedly send claimants who have soft tissue, chronic pain injuries to orthopedic surgeons for
independent medical examinations to determine their eligibility for certain benefits or the reasonableness of treatment plans.
She was examined in
an independent medical examination (IME), and the examining physician reported that there was no evidence of an ongoing injury.
If litigation is necessary,
independent medical examinations must be able to stand up in court under the watchful eye of legal / medical professionals and cross examinations by experienced personal injury lawyers.
Once you begin the workers» compensation process, the insurance company may ask you to submit to
an independent medical examination (IME) from a doctor of its choosing.
Generally, the more closely an examination performed under a contractual obligation or for purposes of a claim for Part VII benefits resembles
an independent medical examination under Rule 30 (1), now Supreme Court Civil Rule 7 - 6 (1) the more relevant it will be to the exercise of the discretion conferred by the Rule, and the less likely it may be that an order under that Rule will be made.
You may also be asked be seen by a doctor hired by the insurance company, called an «
independent medical examination.»
Experienced Louisville personal injury attorneys can prepare you for
an independent medical examination and can counsel you on what you should say — and what you should not say — during the examination.
An experienced Louisville personal injury lawyer will be able to prepare you for
an independent medical examination (and how to conduct yourself during the examination), with the goal of maximizing the value of your monetary compensation and damages.
That doctor will undertake
an independent medical examination of the injured plaintiff, but that doctor's report will be much more favorable to the defense and much less favorable to the injured plaintiff.
During
an independent medical examination, the following general points should be helpful to injured plaintiffs:
If you disagree with the impairment rating and / or feel that you need continued medical treatment for your work related injury, your South Carolina workers» compensation attorney can file a hearing with the SC workers» compensation commission and / or seek
an independent medical examination.