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Old 12-16-2008, 05:22 PM
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(Broken Wings) (Broken Wings) is offline
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Join Date: Jul 2007
Location: Kentucky
Posts: 1,614
15 yr Member
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Quote:
Originally Posted by KLS2007 View Post
I still don't have a diagnosis yet after 14 months and back in October, WC sent me to one of their neurosurgeons who of course couldn't find anything wrong with me (based just on a MRI of my cervical spine and the EMG report). My attorney had this appointment set up where it would also count as my independent medical exam. I only saw this neurosurgeon one time and he is now recommending that I have a functional capacity exam. Could someone explain to me the difference between an independent medical exam and a functional capacity exam and how you can have either when you don't even have a diagnosis?

You should have a diagnosis code being billed to the workers' comp ins carrier. they're just not telling you what that is right now. If you go about it the right way, someone should help you obtain that information. maybe your attorney or by obtaining a copy of your medical records and billing info, if they'll give that to you. don't want you to make splashes/demands, just work on it.

Legal and financial issues complicate medical issues, always.

Your attorney will -- or, should answer those questions for you because things differ from state to state and he is your attorney. he's getting paid. Both sides have to show proof to a judge/ALJ. One way to do that is they do that by obtaining an IME (independent medical exam/evaluation). The IME will doctor fill out the FCE (Functional Capacity Evaluation) report. The IME doctor is usually paid for by the insurance company, with reimbursement for travel provided to you, usually. If your attorney is providing an IME it's at his choosing. You need to know who is paying the IME doctor bill. Your attorney or their insurance company? The IME doctor will examine/inquire/delcare/attest/document/record and make a report (and I'm not talking about a FCE report here-just a IMExaminer's report report ) on your health status for the purpose of providing the facts/evidence regarding his/her OPINION of your at-that-moment exam, your history & physical examinations, prior treatment and medical conditions, accidents, slip and falls, congenital abnormalities, so on and so forth and about anything they choose to inquire. you don't have to provide, but they'll make a note of that too, and can note what entrance you came off the highway from where you parked, assisted or unassisted into the building, and any tests he may have available to him, (usually more records than you're aware of that are usually provided by whoever pays for the exam) - your current health status as the examiner opines.

It's a very thorough exam to undergo by its nature. It's supposed to be done in an acceptable manner; meaning, you don't have to submit to any invasive procedures--check with your lawyer) - The IME report should be considered as EVIDENCE, good or bad. Most judges knows most IMExaminers. They've seen their reports before.

What did your MRI say? That's considered EVIDENCE, relied upon heavily in WC cases by plaintiff, defendant's, IMExaminers, judges/ALJs & doctors.

EMGs, well, they're not always on the money. They're good if it shows something-gives a doctor evidence or an idea what and how to treat. gives lawyers and judges something too. But if they're negative and you have complaints, it's not a good thing legally or medically.

It is what it is. Work has it demands. if you can't do it, you can't... that's bad enough.

Your IME visit is not for the purpose of treating you. don't get confused about the setting.

A functional capacity evaluation is a report of basically a doctor assessing your abilities of sit, stand, walk, climb, kneel, crouch, crawl, bend, overhead work, you know, about your functional abilities directed toward work settings.

It's due process. It takes time. It will not be easy to win. Be patient and be truthful about things and you should come out okay.
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