Independence Day and the Independent Medical Evaluation!

Chatting With Chris Easy as 1, 2, 3: 1 topic, 2 sources, and 3 comments

Topic:

Independent Medical Exams

Sources:

1. TCA § 50-6-204 (d) (1) The injured employee must submit to examination by the employer’s physician at all reasonable times if requested to do so by the employer, but the employee shall have the right to have the employee’s own physician present at the examination, in which case the employee shall be liable to the employee’s physician for that physician’s services

2. IN THE SUPREME COURT OF TENNESSEE
SPECIAL WORKERS’ COMPENSATION APPEALS PANEL
AT NASHVILLE
January 24, 2011 Session
JEFFERY IRONS v. K & K TRUCKING, INC. ET AL.
Appeal from the Chancery Court for Macon County
No. 3932 C.K. Smith, Chancellor
No. M2010-01280-WC-R3-WC – Mailed – April 25, 2011
Filed – July 14, 2011

Comments:

1. As we honor and celebrate the birth of our country we reflect on the fact that our forefathers wanted to be independent from England having control over every aspect of our country.

Just is the same in workers compensation when a doctor recommends treatment that is unrelated to the claim. Under the above statute and confirmed by the Irons vs. K&K trucking case an employee must submit to an Independent Medical Exam (IME). In the trial court case the Judge did not allow for the IME that was reversed and remanded back to the trial court to comply with the law.

2. The employee must submit to the Independent Medical Exam at a reasonable time. The cost for the IME is the responsibility of the employer/insurance carrier.

3. The employee has the right under the statute to bring his own physician to the exam. However, the cost for this additional physician attending shall be the employee’s cost.

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