Do The Work Comp Judges In Pennsylvania Find The IME Doctors Credible?

It depends. Some IME doctors have better reputations than others. Also, there are so many facts to a case, it is difficult to generalize. Generally speaking, if the IME doctor admits basic, obvious facts, has strong credentials, does a thorough exam, and reviews all of the medical records available to him or her, then there is a stronger chance that the Judge will take the opinions more seriously.

One common theory that many IME doctors rely upon is that a work injury has ceased, leaving the injured Pennsylvania worker with symptoms or disability related to an underlying degenerative disease or “arthritis”. However, one must use their common sense. If the injured worker is now having symptoms only related to arthritis, and if we take into account the fact that arthritis doesn’t happen overnight, but over a long period of time, then why wasn’t the injured worker experiencing these symptoms PRIOR to the work injury?

As such, it is very important to examine the pre work injury medical history and records of the injured worker. When the IME doctor in Pennsylvania hangs their proverbial hat on the “arthritis” theory, an experienced PA Work Comp Lawyer needs to use common sense, and a time line, to address the merits of such an opinion.

Luckily, most Judges are very wise and realize the weakness of such an argument. (assuming there is no treatment/symptoms leading up to the work injury that are consistent with arthritis).

Many of my clients seem baffled that the IME- Independent Medical Exam, takes only 5 minutes in terms of the physical examination. However, it doesn’t take a doctor very long sometimes to assess someone’s condition. In other cases, however, a more rigorous exam is warranted- such as a case involving Reflex Sympathetic Dystrophy where there are many factors to review.

Injured workers in Pennsylvania must remember that an IME doctor’s opinion is just that- it’s an opinion. It’s not a fact. Medicine is not an exact science and doctors will disagree depending on who pays them, their prejudices, their training, etc. In most cases, the Judges will find the treating doctor more credible than the hired IME doctor. But every case is unique and turns on its own facts.

For more info about IMEs in Pennsylvania, call experienced Pennsylvania Work Comp Attorney, Michael W. Cardamone 7 days a week, directly at 215-206-9068.

Or email mcardamone@krasno.com for a Free Consult

www.phillyworkcomplawyer.com

Free Referrals To Pennsylvania Accident Lawyers

If you need a:

Pennsylvania Accident Lawyer
DePuy Hip Implant Lawyer for Pain and Suffering
Philly Accident Lawyer
Pennsylvania Construction Accident Lawyer
Philly Construction Accident Lawyer
Asbestos Exposure Lawyer in Philly
Trucking Accident Lawyer in Pennsylvania
Trucking Accident Lawyer in Philadelphia
Spinal Cord Injury Lawyer in Philadelphia
Car Accident Lawyer in Philly
Pennsylvania Car Accident Lawyer
Medical Malpractice Lawyer in Pennsylvania
Mesothelioma Lawyer In Pennsylvania

Call Michael W. Cardamone- a trusted PA Disability Lawyer, for a free analysis, and referral, if appropriate.

Call 215-206-9068 to reach Mike directly- 7 days a week.

Friendly, accessible, effective.
www.phillyworkcomplawyer.com

Pennsylvania Heart and Lung Act and Act 534 Lawyer

Although the Heart and Lung Act awards full compensation and continuation of employee benefits to certain employees, and is therefore more generous than the Pennsylvania Workers’ Compensation Act in that regard, its scope is narrower and its language should be strictly construed.

The purpose of the Heart and Lung Act is to provide important public safety personnel with full compensation while disabled from an injury which happens in the performance of duty; and grants compensation where the disability is temporary. In workers’ compensation, compensation can be for permanent injuries too.

For police officers, firefighters and other specifically enumerated people, the relevant law is 53 P.S. 637.

For county jail employees in Pennsylvania, the relevant law is 16 P.S. 4531

For state mental hospital workers in Pennsylvania, the section is 61 P.S. 951-952.

Act 534 benefits aka “Act 534/632” applies to an employee of a state penal or correctional institution under the Bureau of Corrections of the Department of Justice and any employee of a state mental hospital or Youth Development Center under the Department of Public Welfare, who is injured by the act of an inmate or person who has been committed to the institution, or an employee of the Department of Public Welfare who volunteers for the firefighting force and is injured while carrying out firefighting duties, etc………

If you need some guidance regarding the interplay between Pennsylvania Workers’ Compensation and the Heart and Lung Act or Act 534, please give me a call at 215-206-9068 or email me 7 days a week at mcardamone@krasno.com

I am happy to help and will provide a free and prompt consult.

Michael W. Cardamone- Fighting For Injured Workers In Pennsylvania

www.phillyworkcomplawyer.com