In Massachusetts, when a worker is injured on the job, as part of their workers’ compensation claim, an injured worker may be required to attend an impartial medical exam. An impartial medical exam is different than an independent medical exam, which is an examination arranged by the workers’ compensation insurance company. The impartial medical exam is an examination required at a certain stage of a workers’ compensation claim by the Massachusetts Workers’ Compensation Act. When required, the examination is arranged and scheduled by the Department of Industrial Accidents (the “DIA”).
When either an injured worker or the insurance company disagrees with a Conference Order rendered by an Administrative Judge on a claim, they have the right to appeal. When a party appeals a Conference Order the claim will proceed to the next step in a workers’ compensation claim called the Hearing. Before the Hearing, however, the injured worker will be required to attend an impartial medical examination.
Massachusetts General Laws, Chapter 152 §11(A) is the specific law that governs the impartial medical examination. The DIA has a list of impartial medical examiners who have no relationship with either party. The impartial physician will be provided with the medical records and documents that are submitted by the parties at the Conference and then will physically examine the injured worker.
Following the impartial doctor’s examination, the doctor will prepare an impartial medical report which will be filed with the DIA and provided to each party. The impartial doctor’s report will be introduced into evidence at the Hearing and shall constitute prima facie evidence of the matters contained within the report. There are certain ways to challenge the impartial examination report, but this can present complicated legal arguments that are best suited for an experienced Massachusetts workers’ compensation attorney.
Speak With An Experienced Massachusetts Workers’ Compensation Attorney Today
If you have been injured on the job and have been ordered to attend an impartial medical examination, you may have many questions. If you are not sure what your rights are or what to do, you should speak with an experienced workers’ compensation attorney.
Attorney Charles S. Pappas of the Framingham law office of Mahaney & Pappas, LLP has extensive experience in Massachusetts workers’ compensation claims. Attorney Pappas specializes in helping injured workers get the benefits they deserve after being seriously injured on the job and will fight to protect your rights.
Feel free to call us today at (508) 879-3500 or contact us online to schedule a free, no-obligation initial meeting and case evaluation.