Hi there I have a workers comp case in which I am the employee who was injured.

First, you must attend all the IMEs the Department decides to schedule for you or you risk getting your benefits cut off (time loss, medical, the whole nine yards). Second, your lawyer is not a doctor and cannot "challenge" the IME findings at this point in your claim (he can only challenge the findings through cross examination of the IME doc or through direct examination of your AP--which won't happen until your claim is closed and the case is in litigation). Third, if the Department doesn't send the IME to your AP then that actually could be a good thing for your claim's appeal.

Consider this . . . your claim is closed based on two IME reports that probably say the same thing (no further treatment, no PPD, able to work, blah, blah, blah) and you are found able to work by a vocational counselor who sent JAs to your IME docs to review. Now you must protest or direct appeal the closing order.

On appeal, perhaps your AP is of the opinion that the IME docs are wrong in their assessment (either because the AP thinks there is further treatment available or the AP thinks you have a PPD) and also disagrees with the IME docs' opinion about your ability to do the jobs they say you can do. Then you have two IME docs versus your AP doc. Hopefully, you also have another physician on board who will get in line with your AP.

You put on your case and maybe now the Board finds that you need further treatment and that your claim should remain open, or that your claim should be closed with a PPD or even that your claim should be closed but that you are unable to work and should be a pension. From your post it appears that these decisions are not going to be made by LNI pre-closure so I don't see much your attorney can do for you until you get that closing order. The lawyer could try to get other opinions and present them to LNI pre-closure, but this may not effect the outcome and the other opinions may cost you money.

Remember that whether you need treatment, have a PPD or are unable to work at all ultimately depends on the opinion of your AP. If your AP doesn't care about you then the best lawyer in the world won't be able to do anything for you. If you are going to fire your lawyer then I would suggest doing it soon. I would also suggest having a good heart to heart with your AP to see just how much he/she supports you.

Good luck.