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

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?

Columbus, OH -

Attorney Answers (4)

Kurt Matthew Young

Kurt Matthew Young

Workers' Compensation Lawyer - Toledo, OH

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... more
Michael H. Gruhin

Michael H. Gruhin

Workers' Compensation Lawyer - Columbus, OH

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

If you think this is a good answer, please complete the survey below. This response does not create an attorney-... more
Bobby L. Bollinger Jr.

Bobby L. Bollinger Jr.

Workers' Compensation Lawyer - Charlotte, NC

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... more
George Ellis Corson IV

George Ellis Corson IV

Workers' Compensation Lawyer - Orange, CA

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... more

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