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Purvis Independent Medical Exam Workers Comp Lawyer
Has your Purvis independent medical exam lawyer ever actually asked how many minutes that doctor spent in the room with you?
Warning: the doctor examining you for your Purvis workers comp Independent Medical Exam did not get selected because he’s the best doctor available.
So. An Independent Medical Exam sounds neutral. It sounds like a fair, unbiased check on your own doctor’s opinion. In practice, it’s an exam paid for by the same insurance company fighting your claim, examining you through a doctor that same company selected and pays.
Anthony is recovering from a construction fall injury to his back. His own treating surgeon says he needs more time before returning to full duty. The insurance company schedules an Independent Medical Exam, and the doctor spends less than ten minutes examining him before writing a report saying he’s ready to go back to work now.
Why “Independent” Doesn’t Mean What It Sounds Like It Means
Under Miss. Code Ann. Section 71-3-7(3)(a), apportionment cannot be applied until Anthony reaches maximum medical recovery, and the Independent Medical Exam is frequently where the insurance company tries to establish that date on its own terms, favorable to its bottom line. Section 71-3-7(3)(b) makes clear the carrier does not get to unilaterally decide that date or the apportionment percentage that follows it, only an Administrative Judge does, subject to Commission review. The IME doctor’s opinion is real evidence in that fight, but it is not the final word, no matter how confidently the report is written.
A settlement mill’s secretary sometimes treats an IME report as though it settles the question automatically, when it is actually just one contested piece of evidence, one that Anthony’s own treating surgeon’s opinion can directly challenge in front of a judge.
The Evidence Fight Built Directly Around The IME Itself
Here’s what the adjuster hopes Anthony never reads. The IME doctor’s report becomes ammunition specifically to argue for cutting off TTD benefits early, reducing a permanent disability rating, or forcing Anthony back to physical work before he’s genuinely ready. A recorded statement taken around the same time as the exam gets compared against whatever the IME doctor observed, looking for any inconsistency to use against Anthony’s credibility. Surveillance sometimes gets timed to coincide with the IME period too, since a carrier building a case for an early return-to-work finding wants every piece of evidence pointing the same direction. This isn’t rare. This is what happens on nearly every disputed IME finding that comes through a volume shop that has never once cross examined a carrier’s chosen doctor under oath about how many minutes he actually spent with the patient.
If The IME Report Gets Used To Argue Apportionment
Say the IME doctor’s report also mentions an old back strain from years earlier as a contributing factor. Under Section 71-3-7(2), the insurance company can use that finding to argue for apportionment, but under Section 71-3-7(3)(b), only an Administrative Judge decides that percentage, never the carrier’s own hired doctor simply by writing it into a report. A worker who accepts an IME finding as final, without challenging it, gives real money back to the insurance company that never had the legal authority to make that determination unilaterally in the first place.
What Actually Happens When An IME Finding Gets Challenged
Anthony’s own treating surgeon, who has seen him repeatedly over months rather than for ten minutes once, can testify directly against the IME doctor’s conclusions at a contested hearing. Challenging a rushed IME finding happens at counsel table inside the Lamar County Circuit Court, 203 Main Street, Purvis, somewhere most billboard lawyers have never once cross examined a carrier’s doctor under oath about how long an exam actually lasted. There is a documentation step most workers skip that makes a real difference if the IME finding gets challenged later. Anthony should write down, immediately after the exam while the details are still fresh in his mind, exactly how long the doctor actually spent with him, what specific tests or movements were performed, and what questions were asked during those few minutes in the room. A settlement mill rarely advises this, since it treats the IME as a box already checked rather than an event genuinely worth documenting carefully at the time it actually happens. Months later, when a hearing finally arrives, a contemporaneous note describing a rushed, superficial exam carries far more weight than a memory reconstructed after the fact under pressure, when details have naturally faded and the carrier’s own written report is the only detailed account left standing in the record. A worker who documents the exam the same day he leaves the doctor’s office gives his own lawyer something concrete and credible to work with later, rather than a vague recollection competing against a polished, typed report the insurance company’s doctor had every financial incentive to write in his own favor from the very beginning of the process.
Other Real Purvis Scenarios Behind A Disputed IME Finding
A direct-care worker at South Mississippi State Hospital is sent to an IME doctor who clears her for full duty despite her treating physician’s documented restrictions following a shoulder injury. A maintenance technician at a Lamar County School District building gets an IME finding minimizing his knee injury’s impact on his ability to climb ladders, a core part of his actual job. A delivery driver’s IME doctor disputes his treating physician’s finding on a disc herniation entirely. Different injuries, the same rushed exam pattern, and the same need for someone willing to actually challenge the finding rather than accept it as final.
I guarantee you get more money than me. In writing, before we start. And on your TTD check while this dispute is pending, I take $0.00. Read the full Foster Fair Fee Guarantee and then ask your TV lawyer to match it in writing.
For the official state agency that administers this claim, see the Mississippi Workers’ Compensation Commission.
The TV Lawyer’s Fee Betrayal On A Disputed IME Finding
Ask yourself does it matter if the lawyer challenging Anthony’s IME finding actually knows how many minutes that exam lasted, or just accepts the written report at face value. Ask yourself does it matter if he’s ever once subpoenaed an IME doctor’s own scheduling records to prove how rushed the exam actually was. Ask yourself does it matter if he treats his own client’s treating physician’s opinion as equally credible testimony, or defers automatically to whatever the carrier’s doctor wrote. Most TV lawyers never push back at all, because challenging an IME finding takes real legal work, and real legal work is the one expense a volume shop is built to avoid.
Has he actually challenged an IME doctor’s report in front of a judge. Has he actually cross examined a carrier’s own medical expert about the thoroughness of an exam under oath. Has he actually objected to an insurance company’s own medical expert on the record rather than simply accepting the conclusion. For most TV lawyers, the honest answer to all three is no, and Anthony’s rushed exam becomes the entire basis for his claim’s outcome as a result.
Now watch what happens to Anthony’s claim anyway. There’s the intake fee. Then a “medical review fee,” for reading a report the office never bothered to actually challenge. Then a fee for reviewing that fee, stacked on top of a claim that got cut short because a ten-minute exam went unchallenged. That’s not two hundred dollars quietly disappearing. That’s not two thousand. That’s real money Anthony needed while he was still genuinely healing, taken away by a report nobody ever pushed back on. Ask your lawyer directly whether he’s ever challenged an IME finding in a hearing. Go ahead. Ask him. Listen to the silence. This isn’t rare. It’s the standard surrender at nearly every volume shop the moment a carrier’s doctor writes a convenient report.
Frequently Asked Questions About Purvis Independent Medical Exams
Is an Independent Medical Exam doctor actually neutral?
Not in the way the name suggests. The exam is scheduled and paid for by the insurance company, and the doctor is selected by the carrier, not chosen by you or a neutral body.
Is the IME doctor’s opinion final if it contradicts my own doctor?
No. Your treating physician’s opinion can directly challenge an IME finding at a contested hearing, and only an Administrative Judge, not the carrier or the IME doctor, ultimately decides disputed medical questions.
Can I be forced to attend an Independent Medical Exam?
Generally yes, as part of the claims process, but you are entitled to challenge the resulting findings if they conflict with your own doctor’s assessment.
Where are contested IME finding hearings held for a Purvis claim?
At the Lamar County Circuit Court, 203 Main Street, Purvis, the same courthouse used for every other contested civil matter in this county.
How much does Jay Foster take from the weekly TTD check while an IME dispute is pending?
Zero dollars. $0.00 comes out of an injured worker’s temporary total disability check, on any case, ever.
P.S. Before you accept an IME finding as final, get the free book first. It names the notice deadline, the filing deadline, and exactly who is not protecting you from either one. Or reach the office at 1-833-J-Foster (1-833-536-7837).