I Went to an Independent Medical Examination and No One Sent Me the Report

November 16, 2022
David F. Stern
Quick Answer

If you attended an Independent Medical Examination (IME) and have not received the report, it may be more than a simple delay. In some Pennsylvania workers’ compensation cases, an IME report may contain findings that support a more serious work injury than the insurance company originally accepted. Reviewing an IME report can be critical because it may affect the scope of your workers’ compensation benefits and the injuries recognized in your claim.

If you attended an Independent Medical Examination (IME) and have not received the report, it may be more than a simple delay. In some Pennsylvania workers’ compensation cases, an IME report may contain findings that support a more serious work injury than the insurance company originally accepted. Reviewing an IME report is important because it may affect the scope of your workers’ compensation benefits and the injuries recognized in your claim.

Many injured workers ask us what it means when they attend an IME at the insurance company’s request and no one ever sends them the report afterward.

Under normal circumstances, the physician who performed the IME will prepare the report and send it to the insurance adjuster within two weeks. Occasionally, if additional medical records are requested for review, it may take slightly longer.

However, it would be extremely rare for the report to remain unfinished for more than four to eight weeks.

So, what does it mean if a couple of months have gone by and the report has still not been sent?

In fairness, it may simply be an oversight. We have certainly seen situations where a report was unintentionally delayed and eventually provided after following up with the insurance adjuster.

However, far more often than not, an excessive delay in providing the report, or a complete refusal to respond to requests for a copy, means something more.

Usually, “hiding” the report means it was not favorable to the insurance company.

Why Would an Insurance Company Hide an IME Report?

When your Pennsylvania workers’ compensation case is first accepted, the insurance company issues either a Temporary Notice of Compensation Payable (TNCP) or a Notice of Compensation Payable (NCP).

This document lists the injury the insurance company is accepting responsibility for.

Typically, they will accept the most basic diagnosis possible.

For example:

  • Shoulder strain
  • Knee contusion
  • Lumbar strain

Even when medical records suggest a more serious injury, insurance companies may avoid acknowledging conditions such as:

  • Torn rotator cuffs
  • Torn meniscus injuries
  • Herniated discs
  • Nerve injuries

However, the IME physician they hired may conclude that your injury is much more significant than what was originally listed.

The insurance company may not want you to see that report because they know you may hire a Philadelphia workers’ compensation lawyer and take steps to formally expand your accepted injury.

Why the IME Report Matters

Your IME report can significantly impact your workers’ compensation case.

If an IME physician acknowledges injuries that were never formally accepted, it may strengthen your claim and help ensure you receive benefits for the full extent of your injuries.

We have seen situations where an IME doctor admitted a worker had a torn shoulder, torn knee, or herniated disc, but nothing was done to update the claim.

Then, months later, a second IME doctor offered a less severe diagnosis, giving the insurance company an opportunity to dispute those injuries.

Had a Petition been filed after the first IME, it would have been much more difficult for the insurance company to fight those findings later.

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How Stern & Cohen Helps

At Stern & Cohen, we are familiar with this tactic.

We persistently follow up on missing IME reports and make sure they do not fall through the cracks. If an IME physician acknowledges additional injuries that have not been accepted, we can file a Petition to correct the official injury description.

We know how important this is.

If you tore your shoulder, knee, or wrist at work, do not let the insurance company minimize your injury. If you herniated a disc in your neck or lower back and developed nerve damage, do not let them call it a simple strain.

The insurance company should be responsible for the full extent of your work injury.

Talk to a Philadelphia Workers’ Compensation Lawyer

If you have an upcoming IME or recently attended one, contact Stern & Cohen for a free consultation.

Our Philadelphia workers’ compensation lawyers help injured workers throughout Philadelphia and across Pennsylvania understand their rights before and after an Independent Medical Examination.

If you are unsure what your IME means or why you have not received the report, do not ignore it.

You may have additional injuries that should be recognized, and you should not have to figure it out alone.

FAQS

Can an IME doctor diagnose additional injuries?

Yes. An IME physician may determine that your work injury is more serious than what the insurance company originally accepted, including herniated discs, torn rotator cuffs, torn meniscus injuries, or nerve damage.

How long does it take to get an IME report in Pennsylvania?

Most IME reports are completed within two weeks. If additional records are needed, it may take longer, but reports are typically completed within four to eight weeks.

What happens if my accepted injury diagnosis is incorrect?

Your attorney may be able to file a Petition to expand or correct the official description of your work injury. This can affect your medical treatment, wage loss benefits, and future settlement value.

Should I speak with a lawyer before or after an IME?

Yes. Speaking with a Philadelphia workers’ compensation lawyer before and after an IME can help protect your rights and ensure the insurance company is recognizing the full extent of your injuries.