March 2011 Archives

March 29, 2011

What can I expect at my workers' compensation IME (independent medical examination)?

Recently, a workers' compensation client of mine whose authorized treating physician ordered surgery went into the doctor's office for the "pre op," got mentally and physically ready for the surgery, showed up for the procedure, and then learned that the insurance adjuster had called her doctor's office to cancel it.  No reason was given; the adjuster just didn't want to pay for her to get better.

Then, the insurance company ordered an IME:  an "independent" medical examination. The reason "independent" is in quotes is because these evaluations are hardly independent at all, but are usually the insurance company's attempt to pay for a doctor to write that the injured worker is lying and has nothing wrong with her. However, since the client is receiving TTD (temporary total disability) benefits, she has to attend the appointment.

Below is a video that humorously shows what can be expected at an IME:



If your workers' comp adjuster has sent you notice that you are to attend an IME with a doctor of their choosing, attend the appointment, bring any x-rays, MRIs, and other films you have, and be polite and honest during the evaluation.  Just don't expect it to bring anything good to your medical health or your claim. 

For help with learning the reputations of doctors frequently used for accident claims insurance company IMEs, contact my office via the below contact information:
 
Moebes Law, LLC
3535 Piedmont Road NE
Building 14, Suite 410
Atlanta, GA 30305
(404)354-5432
March 23, 2011

What is my witness fee if I'm subpoenaed under the Georgia Civil Practice Act from outside the county?

Under O.C.G.A. § 24-10-24, if you receive a subpoena to testify in court in Georgia, whether for a workers' compensation hearing or other civil action here, your witness fee is $25 per day and $.20 per mile (roundtrip) for traveling expenses.  This is required for service to be valid if your residence is outside the county where the proceeding is to take place.

courtroom.jpgThe payment may be cash, cashier's check, postal money order, certified check, or attorney/law firm check.

For other answers to questions about civil litigation, personal injury claims, and workers' compensation law issues, please contact our office via the following:

Moebes Law, LLC
3535 Piedmont Road NE
Building 14, Suite 410
Atlanta, GA 30305
(404)354-5432