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What medical records, if any, should I bring to the IME appointment for my WC injury?

This is a workers comp matter. The employer's ins company scheduled an IME appt. I slipped & fell at work on wet floor that had no caution signs in place, suffering neck & back injuries. The letter from IME says something along the lines of...bring x rays imaging & any relevant medical records. I know my case is difficult because I have prior and/or existing related conditions (back surgeries). Should I bring any medical records related directly to this incident OR from my prior surgeries OR imaging showing PRIOR normalcy in my neck/back which I now believe has suffered different and/or further damages

Workers' compensation
Asked in Sudbury, MA | Apr 11, 2024 | 3 answers
Answer
Michael Levin
Michael Levin
Workers' Compensation Lawyer in Sturbridge, MA
| Licensed for 22 years
5 stars 17 reviews 17 reviews
Rating: 9.3
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Posted on Apr 12, 2024

Chiming in to say that I agree with the other two answers provided, but also wanted to suggest that if you are unrepresented then IME's are often a red flag that something unpleasant is about to happen in your case and you may want to consider hiring a lawyer. If it helps, you don't have to pay for a lawyer in MA. We work on a contingent fee basis and often have our fees assessed against the insurance company anyway.

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Steven H. Kantrovitz
Steven H. Kantrovitz
Workers' Compensation Lawyer in Acton, MA
| Licensed for 35 years
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Posted on Apr 12, 2024

Hello, and thanks for the inquiry. With respect to bringing documentation, I generally advise my clients not to bring anything directly with them to the examination. By this point, the workers compensation insurance company should have all of your records, including the prior unrelated care. In my view, it is the responsibility of the insurance company to provide their expert with all relevant medical documentation. I am in no way suggesting that you hide your prior history. To the contrary, if asked, I would be very transparent and let the doctor know about your prior history and how your symptoms are different know, versus then. Do understand, this examination is not for you. It is for the insurance company. The doctor will likely not provide you with medical advice nor will he or she allow you to ask questions. Just be honest and transparent with all questions asked and the examination as well. Also, don't be overly concerned about the doctors conclusions, as the majority of judges at the Department of Industrial Accidents will give more weight to what your doctors opine. In other words, if the results of the IME are not in your favor, get a good workers compensation attorney . Best of luck with the examination!

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James Edward Ramsey
James Edward Ramsey
Workers' Compensation Lawyer in Worcester, MA
| Licensed for 29 years
5 stars 78 reviews 78 reviews
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Posted on Apr 12, 2024

Very good question and this comes up all of the time. If you are represented speak to your lawyer about it. I tell my client NOT to bring anything with them because the insurer set up the exam and they provide all of the records in 99% of the case. The letter you received is more likely than not a form letter sent to everyone. There are a few random cases when a new test was completed or the actual films are important but I usually ask the insurance adjuster to chase them down rather than my client. If you are not represented by an attorney you can ask the adjuster or call the doctors office. The doctor will make a decision based on the physical exam as well as any records that he or she reviews. Good luck.

RLO DISCLAIMER: My answer to your question is for informational purposes only, and is not legal advice. There is no attorney-client relationship created. If you desire to create an attorney–client relationship you will need to formally engage my services with an authorization and fee agreement that we both participate in executing. My answer is based on assumptions from your question and only intended to provide general not specific advice. Do not act on any information in my response without seeking legal advice from an attorney in your area.

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