Workmans compensation ime exam

Under the New York State Workers' Compensation Law you have an absolute right to bring any person you wish to the IME exam with you and to videotape or otherwise record the examination. If the IME refuses to allow you to record or videotape the exam you may refuse to be examined because of this and you should make it clear this is the only reason you won't permit the exam. If at all possible, you should record or videotape the IME informing you that he or she refuses to allow the recording or videotaping. You may then leave and should immediately notify the Workers' Compensation Board of the IME's refusal and explain that is why you left without being examined. If you follow these steps you should not be penalized for refusing the exam and a Workers' Compensation Law Judge should certainly uphold this and confirm your right to videotape or record the IME exam under the law. Of course, if you are represented, you should contact your attorney and advise him or her of the IME's refusal and then follow his or her suggestions in that regard. Once you have reached MMI and if you have medical evidence of permanent partial disability, you can seek classification of permanent partial disability, which may allow you to continue to receive workers' compensation benefits for so long as you remain disabled and are not working, if your accident occurred prior to March of 2007, or for a certain capped number of weeks, if your accident occurred on or after March of 2007. Be aware that if you are classified permanently partially disabled and are not working, you may be required to seek employment within the medical restrictions placed upon you because of your work related injury and failure to do so sufficiently and to keep adequate records of your job search may render you disqualified from receiving indemnity benefits. You really should discuss these issues with an attorney experienced in handling workers' compensation claims and if you do not already have one, you should consult with one as soon as possible. Good luck.