Do I Have To Attend An Independent Medical Exam?
In most cases, the answer is yes.
Under Minnesota workers’ compensation law, the employer/insurer is entitled to an independent medical examination of the employee for any injuries claimed. Many times this will occur during your case while you are receiving benefits. In other cases, when your Minnesota work comp claim has been denied from the beginning, it will occur after the filing of a Claim Petition.
The filing of the Claim Petition triggers a requirement that the Independent Medical Examination occur within 120 days.
The term “Independent Medical Examination” is a misnomer. These examinations are anything but independent. The doctor conducting the examination is paid by the insurance company. Although many of these doctors are reputable and provide an honest opinion of your medical condition, the insurance company and employer hire these doctors because they are conservative in their approach to medicine and often opine the injured worker is no longer entitled to benefits. If a doctor provides an opinion contrary to this narrative too often, the work comp insurer simply stops asking them to perform examinations. The IME doctors know this.
Despite the fact that from the outset you may believe that you should not be required to attend an examination that is more “adverse” than it is “independent” you must remember that you are required by the rules to attend this independent medical examination. Failure to attend can result in a suspension of your Minnesota work comp benefits.
You are entitled to reimbursement of reasonable travel expenses, such as mileage, and cost of meals (in some cases), and any lost wages resulting from your attendance. Additionally, the IME must take place within 150 miles of your residence. You can even request that mileage be pre-paid if you’re struggling to make ends meet.
After the independent medical examination, you will receive a report outlining the doctor’s opinions. Many times this report will be accompanied by a letter from the insurer stating that your Minnesota work comp benefits will be discontinued and you have reached what is called maximum medical improvement.
Effective October 1, 2023, an employee is legally entitled to have a witness of their choosing attend the IME with them. https://www.revisor.mn.gov/statutes/cite/176.155
Frayne Injury Law is a law firm that represents injured employees in work comp cases. A free, no obligation, consultation is available to anyone looking for legal advice.
