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Workers' Compensation Blog

Increased Deliveries Equals Increased Injuries For Delivery Drivers

Thursday, May 26, 2016

Is it just me, or does it seem like there are simply not enough hours in the day anymore? More often than not, I’m trying to accomplish multiple things at a time in order to get through the never-ending ‘to-do’ list that I have created for myself each day. That, coupled with easy access to online shopping from my smartphone makes home delivery a very common and necessary feature in daily life. One study indicated that ‘mobile’ shopping is projected to grow from a mere $3 billion in 2010 to $31 billion by 2017.

Increased Injuries for Courier Workers

Given this, it isn’t surprising that courier workers are experiencing ever increasing demands in their jobs. Increased volume as well as stricter time constraints on delivery schedules have resulted in more injuries to courier workers over the years. And while these injuries occur on a more frequent basis, the typical courier worker continues to work through their injury hoping it will resolve itself. In the best of circumstances, the nagging knee pain or back twinge will eventually go away. However, in worst-case scenarios, those injuries that were initially minor in nature can turn into debilitating, career-ending injuries.

Who to Call…and When…

Time and time again, I receive calls from injured workers who have had long standing injuries that they have reported to the company, only to learn later, and sometimes when it is too late, that these injuries are not covered under workers’ compensation. This should not be happening! Merely reporting your work injury at the job is not enough.

We can help to make sure your rights are protected. Contact Gretchen Rogers today 301-740-3303 to learn what you rights are.

By Ken Berman

Choosing The Right Attorney Matters…See Why

Monday, February 01, 2016

When your health, career and you and your family’s financial well-being are on the line, it is crucial that you pick the right attorney. Not one who is a “Johnny come lately” or falsely promises you better results. Rather, what are needed are an attorney and a firm who has a proven track record, who will be in it for the long term with you, and who has credibility and the respect of the Workers’ Compensation Commissioners and judges who will hear your case.

If you, or someone that you know and care about, is in the situation of having to find and select the right attorney for their worker’s compensation or personal injury case, have them remember the phrase “S.W.I.P.E.” Below is an explanation from our founding partner Ken Berman as to how this phrase has helped victims to find the right attorney for their situation.

(S) Stability

(S) Stability Berman, Sobin, Gross, Feldman and Darby LLP (“Berman and Darby”) have been practicing workers’ compensation and personal injury law for over thirty five years with a combined experience of over a hundred years. Each of our partners has received the highest rankings from our peers and has a partnership and staff that has remained consistent and engaged for three decades. Rare in the world of law firms, each attorney not only respects and admires the other attorneys, but has grown up in the culture of service to the client. Each client receives a team of attorneys and staff that oversees his/her case, ensuring the possible maximum outcome.

(W) Wisdom

(W) Wisdom – 35 years and thousands of cases has given us the wisdom into both the law and the unique situations that arise for fire fighters – such as how to protect them for the unusual injuries, light duty in the department, work hardening, heart disease, stress, hypertension, lung diseases, hearing loss, and PTSD as well as the many other issues that fire fighters face. In addition, having tried thousands of cases before the Commission, a certain wisdom has developed as to how to present the case in the best possible light that ensures the largest result for the fire fighter.

(I) Integrity

(I) Integrity – When choosing an attorney, it is important to research their background. Determine if an attorney you are considering for representation has ever been sanctioned or received any disciplinary action (these are a matter of public record and can be accessed through the Attorney Grievance Commission and Office of Bar Counsel’s website http://www.courts.state.md.us/attygrievance/). All of the attorneys at Berman, Sobin, Gross , Feldman and Darby LLP not only have the highest rankings by professional organizations but none of them have ever faced even a hint of disciplinary action and are respected by not only their peers but by the Commissioners and judges across the state of Maryland.  If the attorney or law firm you are considering for representation possesses questionable marks on their background, be wary.

(P) Profressionalism

(P) Professionalism – Each of the attorneys at BSGF&D carries themselves with the utmost professionalism and does not cut corners or take ethical shortcuts. We are proud of who we represent and how we represent them. This has garnered us the respect in the community by not only the people who decide the cases but also by the adjusters and attorneys representing the other parties.  It is important that you, when injured and seeking recovery and future protections, be proud of your attorney and the representation that you receive. We guarantee you that you will be when you choose Ken Berman and Berman, Sobin, Gross, Feldman and Darby LLP.

(E) Experience

(E) Experience – In addition to the thousands of hearings at the Commission level, we have handled more jury trials on behalf of fire fighters in the circuit court than any other firm in the state of Maryland. We have also tried more appeals and made more law for fire fighters and other public safety employees in the high courts than any other firm in the state of Maryland. Be sure to find out if the attorney who handles your hearing before the Commission will also be the attorney who handles the appeal if either side appeal. It is, in most firms, normally not the same person and they will not know your case from the beginning. An important question to ask your attorney is “How many jury trials does each attorney in your firm have?” This will help you to evaluate the strength and depth of the firm and will also reveal the experience level of the attorney you interact with and whom will be representing you at your workers’ compensation hearing. At Berman, Sobin, Gross, Feldman and Darby LLP it is a policy that we handle all aspects of the case from start to finish because the livelihoods of our clients and on-the-line along with the reputation of our firm.

By Ken Berman

Advice For The Apprehensive Injured Worker

Wednesday, November 11, 2015

A few times a week I get a call from an injured worker who is considering filing a workers’ compensation claim with the Maryland Workers’ Compensation Commission but is concerned about the repercussions that may take place after filing their claim.

While it is understandable, and in certain circumstances a very real concern that an employer may retaliate against an injured worker after a claim is filed, if you are injured on the job you must understand what rights you may be giving up if you don’t file a workers’ compensation claim. Often times you may be giving up more by deciding not to file a claim than you would be even in the worst case scenario for employer retaliation – termination. (It should be noted that Maryland is an “at-will” employment state, meaning an employer can fire an employee for any non-illegal reason. However it is against Maryland law to fire an employee for filing a workers’ compensation claim). Those who have been lucky enough to avoid the workers’ compensation process understandably may have little to no knowledge of what benefits may be available to them through Maryland’s workers’ compensation laws. The following paragraphs will detail the rights potentially available to injured workers in Maryland who are successful in filing their workers’ compensation claim. (As a quick aside, it is of utmost importance to understand that filling out a report of injury for your employer is NOT filing a claim with the Maryland Workers’ Compensation Commission. If a claim is not properly filed you may be forfeiting your rights. It is important to consult legal counsel to ensure proper filing).

By failing to file a claim you may be giving up compensation at 2/3s of your pre-taxed wages for the period of time you are unable to work while you recover from your work injury. Often times this means exhausting your hard earned personal, vacation and/or sick leave when your employer or its insurer is the legally responsible for paying your wages for each day missed – and doing so without tapping into your personally accrued leave time. This benefit becomes especially important if you are separated from your employment. This is because the payment of workers’ compensation leave benefits that you are entitled to while you are unable to work as a result of your work injury has no correlation to your employment itself. Whether you are still employed or have been separated from employment, you are still entitled to compensation if you cannot do your job and your doctor agrees that you must be out of work.

Compensation for time out of work is important – everyone has bills to pay – and the money received for lost time from work can help to make sure you don’t fall behind while you work to get back on the job. However, the best benefit in Maryland’s workers’ compensation law is the payment of medical treatment necessitated by your work injury. Maryland is unique in that you have the right, as an injured worker, to seek treatment with a doctor of your choice. And most important of all, there is no time limitation on your ability to seek treatment as a result of a work injury. (The right to fight for treatment never expires once a claim has been accepted, however, there are no guarantees your employer or their insurer will authorize the treatment you wish to have – yet another good reason to consult with a legal professional). If you fail to file a claim with the Workers’ Compensation Commission, often times the insurance adjuster will take longer to authorize treatment as there is no real motivation to do so. Further, if the insurance company decides to deny your treatment you will have no means to force them to pay for the treatment your doctor is recommending. This leaves you with the responsibility of convincing your own insurance company to pay for your treatment, or worse yet, paying for your treatment out of pocket. By successfully filing a claim, you’re guaranteeing at least the right to fight for your employer to pay for the treatment you need to get you better and back to work.

Compensation for permanent disability is the last main benefit available to those who are successful in filing a workers’ compensation claim. Often times the money received for an individual’s permanent disability does not truly compensate him/her for the affect their injury has had on their life – especially with more serious injuries. However, some compensation is certainly better than receiving no compensation at all. By failing to file a claim, you forgo this right altogether.

You work hard at your job every day, giving up precious time with your family to help further your companies’ goals. If you get hurt while on the job you owe it to yourself to protect both you and your family by filing a claim. You should not have to pay out of your own pocket for medical treatment, struggle to make your bills because you are incapable of earning an income, or worse yet be forced to suffer from a life altering disability without receiving any assistance from your employer and their insurer to get you back on your feet.

So if you get hurt on the job – protect yourself and your family by filing your claim. And if you’re concerned about the potential repercussions of doing so, consult with legal counsel to make sure you understand not just what problems may arise if you do file your claim, but what problems may arise if you don’t.

By Charles Schultz, Esq.

Correctional Officers And Hypertension: Protect Your Rights

Tuesday, September 29, 2015

Being a correctional officer is one of the most dangerous and stressful jobs in the world. Think about what these women and men do every day. They walk through prison gates; the doors are locked BEHIND them, and are asked to protect us from the most dangerous criminals in Maryland. They are not carrying firearms and are wearing very little protection. Correctional officers know the risk and despite that, show up every day for work and protect the public. In turn, the State of Maryland does not provide them with as many workers’ compensation protections as they could.Correctional officers are on the front lines of public safety in Maryland. They stand side by side with police and fire to provide safety to the public. Yet the law does not afford them the same protections as police and fire. In Maryland, and throughout the country, the law recognizes that police officers and firefighters have a higher risk of developing hypertension and heart disease. This is a direct result of the high stress nature of being a police officer and firefighter. The law presumes that if a police officer or firefighter develops hypertension, it’s presumed to have been caused by the stress of their job. This is backed up by research. The presumption itself is vital because the workers’ compensation insurance company has the burden to prove that the hypertension was caused by something other than the stress of the job. In other workers’ compensation cases, the burden is on the injured worker to prove the injuries were caused by the accident or the in the case of an occupation disease, the disease was caused by the nature of the employment.

Why doesn’t the law provide correctional officers the same protection as police and fire? Think about what correctional officers face every day. The threat of assault is constant; they have to be on high alert from the moment they walk in the prison. Is being surrounded by violent criminals forty hours a week just as stressful as being a police officer and firefighter? And when you think about public safety, people often fail to consider that correctional officers are the last line of defense, and provide just as much safety to the public as police or fire. There have been bills introduced in the last two Legislative sessions to provide Maryland correctional officers the same protections as police and fire and neither has been enacted. Two sessions ago during the testimony before Senate, representatives from the workers’ compensation insurance industry actually testified that correctional officers do not protect the public, and that’s why legislators should vote down the bill!

Some jurisdictions in Maryland do recognized that correctional officers have the same increased risk of hypertension. Both Montgomery and Prince George’s counties treat their correctional officers the same as their police and firefighters. If a Montgomery County or Prince George’s County correctional officer develops hypertension, the law presumes it’s caused by the stress of their employment and they are entitled to workers’ compensation benefits, but if a correctional officer in a State of Maryland facility develops hypertension, they do not have the same protection. How can this be? The worst of the worst are housed in State of Maryland facilities. How can State of Maryland correctional officers not face the same, if not more stress, as a Prince Georges’ or Montgomery County correctional officers?

Despite this inherent unfairness, correctional officers throughout the state STILL have the right to file hypertension claims. Just because they don’t have the presumption does not mean they cannot fight for their rights. We are currently fighting for the rights of correctional officers who have hypertension despite the lack of a presumption bill, and we will continue to do so. If you do have a hypertension and are a correctional officer, make sure you protect your rights by filing a workers’ compensation claim. Don’t wait for the Legislature to protect your rights for you.

By Jason Shultz, Esq.

Workers' Compensation Benefits In Bankruptcy

Monday, July 22, 2013

If you are injured on the job, the consequences can be devastating. Not only do you and your family have to confront the effects of the injury, you also have to deal with the financial impact as well. Sometimes, the financial consequences due to reduced or delayed payments are devastating.

Your financial concerns may lead you to thinking about filing for bankruptcy. One very important question is whether the workers’ compensation benefits you are receiving are protected from the people and companies (legally known as “creditors”) that you owe.

Fortunately, Maryland law protects certain types of your assets, in whole or in part, when the Bankruptcy Court in Maryland has jurisdiction. These are called “exemption” laws, because they describe assets that are “exempt” from the reach of creditors outside of bankruptcy, and which cannot be seized within a bankruptcy case. “Exempt” assets are those which the debtor (in this case you) gets to keep, no matter how much money the debtor may owe, or to whom.

Generally, under Maryland’s exemption laws, an injured worker’s right to receive worker’s compensation benefits is exempt, and cannot be taken by the bankruptcy trustee or be used to pay creditors through bankruptcy. Not only is the right to receive current benefits exempt from creditors and the trustee, but the right to receive a lump-sum award of benefits is also exempt from the reach of creditors and the trustee (it is best to keep your lump sum settlement in a different account from your other money). There is no dollar limit to this exemption, so the entirety of the worker’s entitlement to benefits is exempt.

But the exemption will only work for you if you make the proper disclosures.

Even though your right to receive worker’s compensation benefits is exempt in its entirety, you are still required to make full disclosure of the existence of those benefits. When a person files bankruptcy, there is a comprehensive set of documents, called Schedules of Assets and Liabilities which the debtor must complete. The list of assets (Schedule B) must include a disclosure of the debtor’s entitlement to worker’s compensation benefits on a current basis, and any claim for accumulated or unpaid benefits. The debtor may claim these as exempt in the list of assets claimed to be exempt (Schedule C). If you don’t list them, you very likely will lose the right to claim the exemption.

While bankruptcy is an extreme remedy designed to deal with extreme situations, you should not fear losing your worker’s compensation benefits if you are compelled to file bankruptcy. But remember, a debtor (you) must and should always make full and complete disclosure of:

  • The existence and amount of workers’ compensation benefits you are entitled to; and
  • Potential claims for future workers’ compensation benefits.

We must also caution you that bankruptcy law is an extremely technical area of the law with many traps for the unwary. It also may change as a result of new statutes or new Court rulings. Therefore, it is imperative that you speak with an attorney concerning the relationship between your workers’ compensation claim and any potential bankruptcy filing by you before doing so. This article is intended for general guidance but should not be relied upon by you. There is no substitute for legal advice in this matter.The stakes are too high!

By Clifford B. Sobin, Esq. and Jeff Sherman, Esq.

The First Week After Your Maryland Workers’ Compensation Injury

Wednesday, June 12, 2013

What you do during the first week after being injured on the job will set the tone for the rest of your claim. It is the most important time. You must:

  • Report the injury to your employer.
  • Get medical treatment as soon as possible. Don’t let several days pass.
  • Give an accurate history of the injury to your medical provider.
  • Don’t speak to the insurance company unless you are sure you are not going to get an attorney (a decision that almost always is a bad one).
  • If you want an attorney, choose one who will guide you, educate you, and that you trust. If the conversation is only about money, consider choosing another attorney.
  • File a Workers’ Compensation claim.
  • Choose a doctor for follow up care and obtain authorization to go.
  • Decide if you are going to speak to a nurse assigned by the insurance company to your case.

If you make the wrong decisions, you might make it difficult to win your case. The insurance company may deny your claim. What you say or do in the first days after you are injured matters once you are in front of a Commissioner. Even if the insurance company pays benefits in the beginning, when the inevitable disagreement with the insurance company occurs, you will not be in a position to obtain a speedy hearing in front of the Workers’ Compensation Commission if a claim was not previously filed appropriately.

What You Do Matters

You should report your injury to your employer immediately after it occurs and at worst not later than the next day. Never wait until Monday to report an injury that occurred on Friday. If your injury was not witnessed by anybody else, you risk it will be assumed you hurt yourself over the weekend and are now lying.

Always get prompt medical treatment and tell the doctor what happened. If for some reason you did not report the injury to your employer but told the emergency room you were injured on the job earlier that day that will usually be enough to win your case if the insurance company contests it. Furthermore, by getting the treatment immediately:

  • You get the care you need when you need it.
  • You protect yourself from the insurer arguing you had a new injury between your job related injury and the medical treatment you are now receiving.

You should not speak to the insurance company without having hiring, or at least meeting with, an attorney. Workers’ compensation is an extremely complex area of law. The insurance adjuster is experienced in finding reasons not to accept a claim. You are not experienced with dealing with insurance adjusters looking for reasons not to pay you. Your desire to be helpful to the adjuster may be hurtful to you. Instead, you should have an attorney control all communications with the insurer.

You should also have the assistance of an attorney when your Workers’ Compensation claim form is filed. It matters what is written on the form. It matters even more if you have not reported all the details of your injury to the employer or if your doctor did not write down the correct history of the injury you provided. The average weekly wage you write in the claim form matters as well. It is up to the insurance company to dispute whatever you claim. If you state too low a number because you are not clear on the law, will the insurance company correct it? You already know the answer to that.

Your choice of medical provider can have a significant impact on the future of your claim. Some doctors are better than others. Some injuries require specific medical specialties. Your attorney can guide you through this unfamiliar territory.

Frequently, insurance companies assign nurses to manage the medical aspects of compensation claims. They will attempt to contact you, your doctor and be present at your medical appointments. They are often beneficial in catastrophic cases. However, the value of having them versus the risk they present is an issue, especially with less severe injuries. The insurance company will obtain information through their involvement that they may otherwise never know. Also, nurses often pressure health care providers to do things that you might not welcome. That is why most attorneys place stringent ground rules on their involvement. Furthermore, experienced attorneys have a much greater sense of which nurses can be trusted and which nurses cannot. You should never speak to one without the assistance of counsel.

The bottom line is that the first week after an injury is the scariest and most dangerous time for you. The injury is scary because of the pain it is causing you and your fears of how it will impact your future. It is also dangerous because your actions, non-actions, statements, and non-statements may haunt you throughout the rest of your claim.

By Clifford B. Sobin, Esq.

How Are Maryland Workers’ Compensation Commissioners Selected?

Thursday, April 04, 2013

Workers’ Compensation Commissioners are nominated by the Governor. The Maryland Senate must then approve the appointment. Their appointment is for twelve years unless a Commissioner leaves office before their term is up. If so, the new replacement Commissioner only serves for the remainder of that term. After a Commissioner’s term expires, the Commissioner must be reappointed by the Governor to serve a new twelve year term.

Commissioners must devote their full time efforts to their job. Therefore, they may not:

  • Practice law
  • Hold another political position
  • Do any business or other activity that interferes with their ability to serve the citizens of Maryland as a Workers’ Compensation Commissioner

Commissioners are paid the same amount as a District Court Judge except for the Chairman who receives an additional $1500.00

There are a total of nine Commissioners. Each Commissioner must be a licensed attorney. There is no requirement that they must have practiced Workers’ Compensation law before their appointment although that is frequently the case. In fact, many outstanding Commissioners have had experience in other areas; including litigation, the legislative process and advisory or management capacities.

Generally, each Commissioner has scheduled before them approximately twenty cases a day, of which, ten to fifteen are heard in a hearing. Since many of their decisions involve tens of thousands of dollars, they have a significant impact on Maryland’s economy and the plight of injured workers.

At times retired Commissioners will hear cases. This occurs due to retirements, illnesses vacation, etc. Since the Commission Chairman’s priority is to make sure that scheduled cases are heard, retired Commissioners provide an important “reserve” force. The most significant requirements for eligibility for recall are that a retired Commissioner must have served for at least three consecutive years and that the retired Commissioner may not serve more than 120 working days in a calendar year.

 

By Clifford B. Sobin, Esq.

Maryland Workers’ Compensation Book

Friday, March 01, 2013

I apologize if this appears to be shameless promoting of a new book that I just wrote. But, if you were injured at work in Maryland while working for someone other than the Federal Government then this short book is for you.

I wrote it for injured workers – not lawyers. It is basic and practical – not complex and nuanced. I hope to replace any fears and uncertainty you may have with knowledge and understanding. I want you to know how long things take, why things happen, and what to expect. It is not a replacement for obtaining legal advice from an attorney, but instead is a supplement to help educate and insulate you from some of the surprises that otherwise may come your way.

I have represented thousands of injured workers in Maryland over more than thirty years. I wrote and continue to update a 1400 page two volume workers’ compensation legal treatise for Maryland lawyers. I taught attorneys Maryland Workers’ Compensation law, testified before the Maryland Legislature on many proposed Workers’ Compensation bills and continue to speak at many Union meetings concerning the “nuts and bolts” of Maryland Worker’s Compensation.

Now, I want to help you. If you want to know:

  • What to do if you need medical treatment as a result of your injury.
  • How much the insurance company will pay you while you are unable to work.
  • What happens if you are physically unable to ever return to the type of work you were doing.
  • How much money you will you receive at the end of your case.
  • The role of an insurance company in a workers’ compensation case.
  • If you should hire an attorney and what will it cost.
  • If you have to go to a doctor chosen by the insurance company for an evaluation and what will happen when you go.
  • If you have to speak to the nurse case manager when she calls or the vocational counselor who keeps telling you what to do.
  • Why is your check late.
  • Why won’t the insurance company approve your treatment right away.
  • Why your medical bills are often not paid timely.
  • If private investigators are used by insurance companies.
  • What happens at a Maryland Workers’ Compensation hearing.
  • How long it takes to get a hearing.
  • How evidence is presented.
  • How long takes to get a decision.
  • Your appellate rights.

Then this book is for you. You can get if for free by downloading a PDF from my law firm’s web site, www.bsgfdlaw.com. Or you can purchase a Kindle version from Amazon at & the following link: KindleEbook.

By Clifford B. Sobin, Esq.

How Maryland Workers’ Compensation Law Is Made And Changed

Saturday, January 19, 2013

Three types of laws impact the Workers’ Compensation process. They are:

  1. Statutes,
  2. Regulations, and
  3. Appellate decisions.

In addition, the Workers’ Compensation Commission develops specific policies that guide them but do not bind them.

Statutes

The starting point for workers’ compensation is statutory law. A statute is a written law. If it is not covered by a statute, it cannot be done, no matter how unfair something may seem to you.

Statutes start as “bills”. They are written and voted on by the Maryland Legislature. If both the Maryland House of Delegates and the Maryland Senate approves the “bill” it goes to the Governor. If the Governor signs it, the “bill” becomes law.

Before the legislature votes, testimony is taken from both those in favor of the bill and those against it. This occurs in designated House and Senate Committees and often preliminarily in front of a designated Legislative Oversight Committee.

Lobbyists and special interest groups are heavily involved in the process. As a result, changes often take years.

Regulations

The Workers’ Compensation Commission has the authority to create mandatory regulations. It is the purpose of a regulation to identify and determine precisely how the intent of a statute will be carried out. A regulation cannot create new law. It can only clarify a statute and provide procedures for its implementation.

Before a regulation is enacted, it must be circulated to the general public and hearings are held where anybody may speak in favor or against it. Regulations usually take several months to travel from an idea to reality. As with statutes, lobbyists and special interest groups are heavily involved in the process.

Appellate Law

Appellate law is created by the Court of Special Appeals, which must hear every appeal, and the Court of Appeals which only hears appeals it chooses to be worthy of consideration (almost always only after the Court of Special Appeals has heard the case). Appellate decisions interpret statutes, regulations, the Constitution and other Appellate cases. The Courts may not create new law (although some criticize them for seemingly doing so), they may only interpret existing law.

By Clifford Sobin, Esq.

10 Things You Need To Know About IMEs (Independent Medical Evaluations)

Thursday, November 15, 2012

The insurance company has the right to send you to a doctor of their choice for a medical opinion. This doctor is not going to provide you with any treatment or become your doctor, but rather only give an opinion. Here are 10 things you need to know:

  1. The IME is for the benefit of the insurance company, not you.
  2. The doctor is not required to keep anything you say in confidence; everything you tell him/her, or fail to tell him, will be contained in his report.
  3. Contrary to the letter you receive from the insurance company, you are not required to bring any test results or medical records with you. It is the insurance company’s responsibility to provide their doctor with the reports they want him to review.
  4. The IME doctor and his staff will watch how you walk, move, whether you bend down to tie your shoes or pick up a piece of paper you might have dropped, or how you remove a piece of clothing, and they will compare it to the complaints you tell them about during the exam and what is contained in your medical records, so be consistent. And never lie or exaggerate, but rather be specific about what pain you feel or limitations you experience.
  5. You should tell the doctor about any other accidents you were involved in, whether they happened before or after the work-related injury. Failing to inform the doctor of a prior accident hurts your credibility and makes it look like you are hiding information.
  6. Do not miss your appointment or arrive late. This could result in the insurance company terminating benefits, such as your lost wages, and the Workers’ Compensation Commission could order you to pay for the missed appointment.
  7. The doctor does not have the right to perform any invasive tests on you, such as xrays, injections or EMG/nerve conduction studies.
  8. A female should never be alone in the examination room with a male doctor, so typically the doctor will have a member of his staff in the room during the examination for your safety.
  9. The examination will likely be very short (a few minutes), so it’s important that you be as comprehensive as possible about the complaints you have.
  10. The day of the IME is typically when insurance companies hire a private investigator to video tape you in hopes of “catching you” doing something that is inconsistent with what you tell the doctor or which reveals that you are capable to working. You should be consistent at all times and with all doctors.

By Ken Berman

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