Builders and Contractors Exchange
Weekly Bulletin: 18 Apr 2005
The Virginia Workers' Compensation Act and The Independent Medical Examination
By: Adam Rafal
The Virginia Workers' Compensation Act allows the employer to send an injured worker for an independent medical examination. An independent medical examination ("IME") is a useful tool in determining the relationship of certain medical conditions to the employment. An IME is also valuable in preparing exposure and settlement estimates. The injured worker is required by statute to attend the examination. If the worker refuses to be present for the evaluation, the employer can suspend benefits during the period of refusal. The Commission does set forth certain standards that govern the reasonableness of the IME. For example, the IME must be at a reasonable time and place and the employer is required to provide transportation or reimburse transportation costs. Additionally, the employer cannot require the injured employee to undergo an invasive procedure. Noninvasive medical procedures such as an x-ray or an MRI scan are permitted. Finally, the employer cannot request multiple IME examinations in the same specialty area without permission from the Commission.
The actual IME is scheduled with a specialist of the employer's choosing. That physician prepares a report based on his or her evaluation and examination. The report is considered a medical record and is filed with the Commission. The Commission will consider the report as evidence at trial. It should be noted that the Commission will generally credit the opinion of the treating physician over the opinion of the IME provider. An IME report, considered with other evidence, can be useful at trial. It is therefore essential that the IME physician have access to the workers' medical records so that the treating physician's impressions can be included in the IME report. In long-term exposure claims, an IME can generate useful information. An employer should discuss with its carrier the appropriateness of an IME and determine the best strategic timing of the evaluation.
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.