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Who Picks the Doctor for an Independent Medical Examination?

David H Segal

· Independent Medical
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Based in Cedar Rapids, David H. Segal, MD, manages Eastern Iowa Brain and Spine Surgery, a solo practice he established in 2009. He holds his MD from the State University of New York Health Science Center in Brooklyn and a JD from the University of Iowa College of Law. Dr. David Segal serves as a medical-legal expert, which involves providing Independent Medical Examinations (IMEs).

When someone has a workers’ compensation case due to a work-related injury or illness, a doctor generally provides counsel on medical care and other factors, such as length of time away from work. Sometimes the employer’s insurance company may dispute the doctor’s recommendations, in which case it may ask for an examination from another doctor without ties to either the patient or the employer. This is called an Independent Medical Examination.

One important question many people have is who chooses the doctor for the IME. The rules for this process can be complicated and vary, depending on the state. Generally, the insurance company requesting the IME also chooses the doctor, though some states allow the employee to pick.
A number of states have devised procedures to ensure this process is more impartial, allowing a judge to compile a list of doctors. The procedure can also be different if the employee has a lawyer. Ultimately it is important to see what the procedure is in your state before moving forward with an IME.