Independent Medical Examination vs. Defense Medical Examination: What Injured North Carolina Workers Should Know

If you have a North Carolina workers’ compensation claim, you may be told that you need to attend an Independent Medical Examination, commonly called an IME. But you may also hear an attorney refer to the appointment as a Defense Medical Examination.

Why the different terminology? Understanding who requested the examination and why it is happening can help you know what to expect.

Is an IME Really Independent?

North Carolina law uses the term “independent medical examination.” Under N.C. Gen. Stat. § 97-27, an employer can request that an injured worker undergo an examination by a qualified physician designated and paid by the employer. The North Carolina Industrial Commission may also order an IME.

Because the employer or its workers’ compensation carrier may select and pay the physician, some attorneys use the term “Defense Medical Examination” to more accurately describe the examiner’s role in the case.

This does not automatically mean the physician will disagree with your treating doctor. It does mean you should understand that the examination differs from a regular appointment with the doctor providing your ongoing medical care.

Why Would the Insurance Company Request an Examination?

An employer or insurance carrier may seek another medical opinion when important issues are disputed.

The examining physician may be asked to evaluate questions such as:

• What injuries are related to the workplace accident?
• Is additional medical treatment necessary?
• Can the employee return to work?
• Does the employee have permanent restrictions or impairment?
• Are the employee’s current symptoms consistent with the injury?

The doctor’s findings can become important evidence in the workers’ compensation case.

Do You Have to Attend?

In many circumstances, yes. North Carolina law requires an injured employee claiming compensation to submit to a properly requested IME at reasonable times and places. Refusing or obstructing the examination can potentially result in suspension of compensation.

The employer must also provide the injured worker with the examiner’s report within ten business days after receiving it when the physician physically examined the employee.

Is an IME the Same as Your Own Second Opinion?

No. North Carolina law separately sets out circumstances under which an injured employee may request a second medical opinion. That is different from an employer-requested examination and should not be confused with a Defense Medical Examination.

Know the Purpose Before You Walk Into the Appointment

An IME can affect important medical and benefit issues in a North Carolina workers’ compensation claim. Before attending, understand why the examination was requested and what role the doctor may play in your case.

If you have questions about an upcoming IME or Defense Medical Examination in Charlotte or elsewhere in North Carolina, the board-certified workers’ compensation attorneys at Ramsay Law Firm P.A. can help. Call (704) 376-1616 or contact us online for a free consultation. A Voice For The Injured. Here Every Step of The Way.