The Critical Role of Expert Witnesses in Workers’ Compensation Cases

In workers’ compensation cases, expert witnesses, particularly medical professionals, play a pivotal role. Both the injured worker and the employer typically present testimony from medical experts to support their respective positions. These expert opinions must be grounded in a reasonable degree of medical certainty to be considered credible by the Workers’ Compensation Judge.

Your Medical Evidence: Strengthening Your Workers’ Compensation Claim

As an injured worker, your treating physician may provide testimony regarding the nature and extent of your injury, establishing a direct link between the injury and your work. Conversely, your employer’s insurance company may require you to undergo an Independent Medical Examination (IME), conducted by a physician selected by the employer. The purpose of the IME is to assess the injury, often with the goal of limiting or terminating your workers’ compensation benefits.

What to Expect During an Independent Medical Examination (IME)

It is common for employers to request an IME under the Pennsylvania Workers’ Compensation Act. This examination is typically conducted by a panel physician chosen by your employer, and all medical treatment related to your work injury should be processed through your employer’s workers’ compensation insurance. Even if you have private health insurance, the workers’ compensation carrier is legally obligated to cover medical expenses associated with your work injury.

Ensuring Your Doctor Supports Your Workers’ Compensation Claim

It is imperative that your treating physician is fully supportive of your claim that the injury is work-related. Your doctor must be able to state unequivocally that your job caused or substantially contributed to the injury. Any ambiguity—such as suggesting that the injury “could be” or “might be” related to work—can weaken your case.

Countering the Employer’s Medical Expert: Why It’s Crucial

When your employer presents medical evidence from their chosen expert, it is crucial that your doctor can effectively counter the findings of the IME. The IME physician is often hired to perform the examination with the intent of reducing or denying your benefits. For example, in Termination and Suspension Petition cases, the IME doctor may acknowledge the work-related injury but assert that you have fully recovered. In Claim Petition cases, the IME doctor might argue that the injury was not work-related or did not occur within the scope of your employment. If your injury has not been accepted by your employer, the IME doctor will likely conclude that your injury was due to another cause unrelated to your job.

The Importance of Ongoing Medical Treatment for Your Case

Prior to testifying on your behalf, your medical expert must thoroughly review the IME report. This preparation is essential to refute any claims that you have fully recovered or that your injury is unrelated to your work. Additionally, ongoing medical treatment is vital to fortify your case. Continuation of treatment not only supports your claim for wage loss and medical expenses but also serves as crucial evidence to satisfy the burden of proof in a workers’ compensation claim.

Cross-Examining the IME Doctor: How We Challenge Their Credibility

During a workers’ compensation trial, your attorney will present the deposition of your medical expert and cross-examine the insurance company’s expert. This cross-examination is a critical opportunity to challenge the credibility of the IME doctor. Your attorney may question the IME doctor on their qualifications, the thoroughness of their examination, and the frequency with which they conduct IMEs. Highlighting the financial compensation the IME doctor receives for their services can further expose potential bias.

Why Stern & Cohen Advocates for Your Treating Physician’s Opinion

At Stern & Cohen, we always advocate for the Workers’ Compensation Judge to give greater weight to the opinions of your treating physician. Your treating doctor’s familiarity with your condition, gained through multiple office visits, provides a more reliable and credible perspective than that of the employer’s IME doctor, who likely examined you only once.

Contact Us for a Free Consultation on Your Workers’ Compensation Case

If you have been injured at work, contact us for a free consultation. We are committed to helping you obtain and retain the benefits you deserve.

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