An Independent Medical Exam (IME) in a Delaware workers’ compensation case is a one-time evaluation performed by a doctor selected and paid by the insurance carrier, not your treating physician. Despite the word “independent,” the exam is requested to support the insurance company’s position. You generally must attend, but you have important rights about how the exam is conducted.
If your insurance carrier has scheduled you for an Independent Medical Exam, it usually means they are getting ready to challenge something about your claim, such as ongoing disability, the need for surgery, or your impairment rating. Understanding the IME process helps you protect yourself and your case.
The Detailed Answer
Under Delaware’s Workers’ Compensation Act, the carrier may have the right to request that the injured worker be examined by a physician of the carrier’s choosing at reasonable times. The IME doctor is typically selected from a small group of physicians used regularly by insurance defense firms.
Why Carriers Order IMEs
Common reasons an insurance carrier schedules an IME include:
- To challenge whether you remain totally disabled and to push for a return-to-work release
- To dispute the need for recommended surgery or other expensive treatment
- To obtain a permanent impairment rating that is lower than your treating physician’s rating
- To argue that your current symptoms are unrelated to the work injury or are pre-existing
What to Expect During the Exam
An IME is usually shorter than a typical doctor’s visit, often 15 to 30 minutes. The doctor will review your medical records, ask you about how the injury happened, your symptoms, and your daily activities, and then perform a physical exam. The doctor does not provide treatment and is not your physician.
Your Rights at the IME
While Delaware law generally requires you to attend, you have rights that include:
- Reasonable advance notice of the time and location
- Mileage reimbursement for travel to the exam
- The right to bring a companion to the waiting area in many circumstances
- The right to ask for the IME report once it is produced
What This Means for Your Case
The IME report is one of the most important documents in your file once it is issued. If the IME doctor disagrees with your treating physician, the carrier will often use that report to file a petition to terminate benefits, deny surgery, or close out your claim. The dispute is then resolved at the Industrial Accident Board, where both doctors may testify by deposition or in person.
How you present yourself at the IME matters. Be honest, consistent, and complete. Do not exaggerate your symptoms, but do not minimize them either. Describe a typical bad day, not just your strongest day. The IME doctor is taking notes the entire time, including in the waiting room and parking lot.
Related Questions
Q: Can I refuse to attend an IME in Delaware?
Refusing without a valid reason can put your benefits at risk. If the date or location is unreasonable, ask the carrier or your lawyer to reschedule rather than skipping the exam.
Q: Can I bring my own doctor’s notes?
The IME doctor will already have your records. You can bring a list of medications and a brief written symptom timeline if it helps you stay accurate.
Q: What if the IME report is wrong?
Your treating physician can rebut it, and your attorney can cross-examine the IME doctor. The Industrial Accident Board ultimately weighs both opinions.
Preparing for the Exam
You can prepare for an Independent Medical Exam without coaching yourself to say anything dishonest. Useful preparation steps include:
- Reviewing the date and circumstances of your injury so you can describe them accurately
- Listing all medications you currently take, including dose and frequency
- Writing a brief symptom timeline (when symptoms started, how they have changed, what makes them worse)
- Noting daily activities you can and cannot do, with examples
- Bringing a photo ID and the appointment letter
What to Avoid at the IME
Certain behaviors can hurt your credibility:
- Exaggerating symptoms beyond what you actually experience
- Volunteering opinions about whose fault the accident was
- Discussing settlement value or the carrier’s behavior
- Performing physical movements you would not normally do, such as bending or lifting beyond your restrictions
- Assuming the parking lot or waiting room is private; you may be observed throughout
After the Exam
You generally will not get the report at the appointment. The IME doctor sends the report to the carrier, who may share it with you and your attorney later. As soon as the report is received, your attorney can review it for inconsistencies, omissions, or factual errors and prepare a response with your treating physician.
When to Talk to a Delaware Workers’ Comp Lawyer
If an IME has been scheduled, or you have already attended one and now your benefits are being challenged, consider contacting a Delaware workers’ compensation attorney before the carrier files a termination petition. Schuster Jachetti LLP has experience handling IME disputes before the Industrial Accident Board. Learn more about Delaware workers’ compensation, denied claim appeals, your right to choose a doctor, and permanent partial disability ratings.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.
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This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. For advice on your specific situation, contact Schuster Jachetti LLP.