Q: Can an IME opinion ride through a major surgery that is considered work related?

I had an IME before a major surgery. Then the employer got a second IME. They now put in a LMS using the first IME opinion because the WCJ and apealant board agreed that there was no error made in the first modification of my benefits. The surgery happened the second IME stated that the surgery is work related but now the employer doesn’t want to use that because it expand my injury. The employer now is using the first IME to further reduce my benefits

2 Lawyer Answers

Timothy Belt

  • Workers' Compensation Lawyer
  • Kingston, PA
  • Licensed in Pennsylvania

A: There are many potential options in this situation including filing your own petition to Reinstate benefits after the surgery and to Review the description of injury to include the conditions set forth in the second IME. I would strongly suggest reviewing your options with your attorney, and if you do not have an attorney, obtain one as soon as possible.

Glenn Neiman agrees with this answer

Glenn Neiman

  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: You are asking about a complicated fact pattern, which is beyond what we can provide as "general legal information." If you have an attorney, I would urge you to discuss the situation with your attorney. If not, I would strongly suggest you consult with a certified workers' compensation attorney asap.

Timothy Belt agrees with this answer

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