Surviving the Independent Medical Examination (IME) for West Virginia Workers' Compensation

What is an IME Under West Virginia Law?

If you have been receiving workers' compensation benefits in Morgantown, Parkersburg, or Beckley, you will eventually receive a letter ordering you to attend an Independent Medical Examination (IME). Despite the word 'independent', this doctor is selected and paid for by the workers' compensation insurance company. Under W. Va. Code § 23-4-8, the insurance carrier has the legal right to compel you to undergo a physical examination. The primary goal of this company-mandated doctor is often to determine if you have reached Maximum Medical Improvement (MMI) and to assign you a permanent impairment rating. Because this rating determines your final financial settlement, handling the IME correctly is the most critical step in your claim.

What Not to Say to the Company Doctor

When you walk into the IME clinic, remember that the doctor is not your treating physician and is not there to provide therapy. Everything you say will be documented and used by the insurance company to potentially lower your benefits. Never exaggerate your symptoms. If you say you cannot lift your arm at all, but the doctor later watches you lift your arm to put on your jacket, they will label you a malingerer (faker). Be honest, brief, and stick strictly to the facts of your work injury. Do not volunteer information about past injuries unless directly asked, and if you are asked, answer truthfully but emphasize how the current work accident created new, severe limitations.

The Evaluation Begins in the Parking Lot

Many injured workers do not realize that the IME begins before they even enter the examination room. Doctors and clinic staff frequently observe patients walking from their cars in the parking lot or sitting in the waiting room. If you use a cane in the exam room but carry it over your shoulder in the parking lot, it will be noted in the final report. Always move naturally and safely, fully understanding that your physical capabilities are being actively monitored the moment you arrive on the property.

Challenging an Unfair Impairment Rating

It is very common for an IME doctor to give an injured worker a 0% or extremely low Permanent Partial Disability (PPD) rating, claiming you are fully healed. You do not have to accept this unfair rating. West Virginia law allows you to get your own evaluation from an independent doctor of your choosing. Your attorney can help you arrange a second IME with a physician who is unbiased and truly understands your level of disability. This conflicting medical evidence is critical for winning an appeal.

The Role of the West Virginia Workers' Compensation Board of Review

When there is a battle of medical experts-the company doctor asserts a 2% impairment, and your doctor finds a 15% impairment-the dispute enters the administrative dispute process. Under W. Va. Code § 23-5-8b, initial objections and protests against insurance carrier decisions or disputed IME ratings are heard directly by the West Virginia Workers' Compensation Board of Review, Charleston. Following the legislative termination of the former Office of Judges, the Board of Review adjudicates these disputes through appointed hearing examiners and its five-member panel. As affirmed in landmark precedent Repass v. Workers' Compensation Div., 212 W. Va. 86 (WV Supreme Court of Appeals 2002), adjudicators must rigorously weigh the reliability, credibility, and thoroughness of each medical report. If either party disagrees with the Board of Review's final ruling, appeals are taken to the West Virginia Intermediate Court of Appeals, Charleston pursuant to W. Va. Code § 51-11-1. Having an experienced attorney present your physician's comprehensive evaluation ensures your disability is fully recognized.

Frequently Asked Questions (FAQ)