The IME is not your doctor. Prepare for the exam. Read the report. Push back on the language that doesn't fit.
What's happening
An IME has been scheduled, or has occurred and the report has been issued. The carrier is using the IME to evaluate one of several possible questions: are you still disabled, are you at MMI, what is your SLU percentage, is your condition causally related to the work injury, is your classification accurate. The answer the IME gives shapes the carrier's next moves. A favorable IME may end the case quickly; an adversarial IME can trigger a benefits suspension, a controversion, or a settlement offer at a low number.
What comes next
- Attend the IME. Refusing usually triggers benefit suspension. Confirm the date, the location, the physician's name. Note the start and end time when you arrive (some IMEs are perfunctory five-minute exams).
- Prepare for the exam. Bring a list of your symptoms, your current medications, your history. Answer questions honestly and completely — do not exaggerate or minimize. The IME is being documented.
- Document the visit. Note who else was present, how long the exam took, what tests were performed, what you were asked. Disputes about the IME later turn on these details.
- Get the IME report ASAP. The report should be filed on the eCase docket. Read it immediately when it appears. Carriers act on the report within days; you need to as well.
- Run the report through the IME Red Flag Checker. The IME Red Flag Checker catches the common adversarial patterns: premature MMI, 'no objective findings' boilerplate, 'history inconsistent with mechanism,' lowballed SLU, 'symptoms exceed pathology,' and similar language.
- Have your treating physician respond. If the IME conflicts with your treating physician's findings, your physician should produce a written response — addressing the IME directly and reaffirming the diagnosis, prognosis, and disability.
Common pitfalls at this stage
- Missing the IME. Almost certain suspension of benefits. If you can't make the date, follow the reschedule procedure documented in the notice — don't just not show up.
- Treating the IME like a treatment visit. The IME is evaluating, not treating. Everything you say and do is being documented for the carrier's benefit.
- Not reading the IME report when it arrives. Carriers act on IME reports within days — suspensions, settlement offers, controversions. You need to be moving on the same timeline.
- Accepting adversarial IME language as fact. Boilerplate IME language ('no objective findings,' 'at maximum medical improvement,' 'history inconsistent') is common and often vulnerable to challenge. Don't internalize it.
- Not having your treating physician respond. A treating-physician response to an adversarial IME is the standard counter-move. Without it, the IME stands unopposed.
Tools, FAQs, and pages relevant to this stage
When to call now
If the IME report has been issued and contains language flagging MMI, suspension, low SLU, classification change, or denial of causation — call now. The carrier's response window is short and the right counter-move is time-sensitive.
Attorney Advertising — Educational Use Only. This page provides general information about New York workers' compensation. It is not legal advice and does not create an attorney-client relationship. Every case turns on its facts. For analysis of your matter, contact Levi directly.