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Can work comp demand 2nd IME after 90 days in PA?

Discussion in 'Workers Compensation' started by JimmyJazz4, Nov 13, 2009.

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  1. JimmyJazz4

    JimmyJazz4 Law Topic Starter New Member

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    We're in PA.
    My husband was hurt in March & is on workers comp. He injured his shin (causing a hemotoma) and ligaments on each side of his ankle. He's had 2 operations (for shin) and is now in physical therapy. Was told by his specialist & insur. co.'s dr. it'll take a while before he's back to 100%. They say it's because his ankle was immobile for 6 months while they were working on his shin.

    The workers comp ins. comp. has set up an appt for a 2nd indep. medic. exam. When he went for the 1st IME, which was within the 1st 90 days of injury, that dr recommended my husband go back to work. Three days later he had his 1st of 2 surgerys and has continued out of work.

    He's still seeing the workers comp dr even though the insur comp doesn't want him to. It's within my husband's right to do this, and he feels it's good seeing both doctor's as they see things from different perspectives & are complementary for each other.

    Question 1)Does my husband have to go to this 2nd IME appt? Now that the inital 90 days from the injury is past, can't he just go by what his specialist says?
    Question 2)My husband's doctors override what the IME will say, correct?
    Question 3)Isn't the IME's report a recommendation, not an order?

    Thanks for the help.

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