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Can I insist on a female independant medical examiner, and to tape record the examination.

Columbus, OH |

I received a letter stating the Workers comp claim I filed was being denied, however a week ago they scheduled me to see an independat medical examiner, a male. All my drs have been female, in addition I feel they have lied and tried to trick me all thru this process, therefore I do not want to cooperate by seeing a male dr, and I want to record the examination on tape. Can I make them do this?

Attorney Answers 4


  1. Best answer

    The short answer is that your employer and/or the Bureau of Workers' Compensation have the right to pick a physician of their choice on any issue in an Ohio Workers' Compensation claim. As a general rule YOU CAN NOT tape this examination, nor can your attorney be present. Sometimes the Bureau or a self-insured employer can be convinced to use a particular physician, but generally they won't listen to such requests. If they dot the I's and cross the T's on scheduling this examination and you do not attend, your claim will be suspended.

    You should obtain the services of a qualified, Ohio State Bar Association Board Certified Workers' Compensation specialist. They can make sure that your rights are fully protected. I would suggest a Columbus area one and there are many good attorneys whose main office or branch office is there, including one who has answered your question already. Ohio workers' compensation attorneys generally will meet on a no cost, no obligation basis to review your rights and will take care of you on a contingent fee (percentage of accrued money benefits they win for you) basis.

    This answer does not constitute legal advice for your situation and no attorney-client relationship has been formed. We can only assist you if you come into our office, meet with one of our attorneys, sign the necessary fee agreement and other necessary workers' compensation forms. Until then, we are not acting as your attorney and can take no actions to protect your interests. Further, we can not properly advise you as to the deadlines to act, also known as the statute of limitations. We can tell you missing such a deadline, even when you are unaware of, will result in you losing all rights under your claim.


  2. You need to talk to a local work comp lawyer, ASAP. If the claim is denied, why are they getting an IME? That is not good for you. And it may not even be legal. Check with a local lawyer.

    This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.


  3. You pose an interesting question:

    The answer depends on several things.
    1) Is this a self-insured Ohio BWC claim?
    2) Do you have a psychological component (diagnosis) in your claim?

    If self insured claim - If you have a psych component, you can see if your psych doctor will support your need for a female doctor examining you.

    If state funded claim - you can see if your CSS would honor your request for a female physician.

    From your question, I strongly suggest you obtain the services of a Board Certified Ohio Workers' Compensation Specialist Attorney. This is too difficult to answer via email communication.

    A free phone consultation is usually provided by attorneys. If you wish, feel free to call me.

    Mike Gruhin
    http://www.gruhin.com

    If you think this is a good answer, please complete the survey below. This response does not create an attorney-client relationship. Do not consider this response legal advice. Do not rely on this response or take action based on anything contained herein. Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and/or legal documents. This response does not create any attorney-client relationship


  4. I think you have a stronger case if you are a woman yourself. ; )

    We give free general concepts to be helpful, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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