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
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, 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
PREMIUM
Glenn Neiman pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.