Legal Question in Workers Comp in Kansas

Insurance company sending me for an IME

I had a total knee replacement at the end of June of this year.

I saw my surgeon (joint specialist) earlier this month and he said he will not place me at MMI until June 2009. He said changes will continue in the knee joint and I will not be at maximum improvement until next summer.

The wc insurance company is sending me for an IME this week. I am told they want the doctor to declare me at MMI.. The IME doctor I am being sent to is an orthopedic surgeon.

I will be at 4 month post surgery at the time of the IME.

To add to this I have court next week to add my back to my wc claim.

Is it possible the judge will take the IME doctor's report over my surgeon's recommendation for continued treatment?

Thank you for taking the time to read this post.

Lynn


Asked on 10/20/08, 10:36 am

1 Answer from Attorneys
Jim Wisler James L. Wisler Law Offices

Re: Insurance company sending me for an IME

It appears that the insurance carrier thinks that its IME doc will find you at MMI so it can quit paying you TTD (if you are not released to work yet)or get the case to settlment or award. THe judge could agree. Since you have a hearing on adding you back to the claim, I am guessing you have an attorney now representing you. If that is true, you need to discuss these questions with him. If you do not have an attorney, I suggest you find an experience workers compensation attorney as soon as possible.

Jim Wisler

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Answered on 10/20/08, 11:17 am


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