SIDHUINJURY LAWYERS
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The Independent Medical Examination Is Not Independent

Dealing with insurers

The assessor is selected by the insurer, paid by the insurer, and sends the report to the insurer. Independent is doing a lot of work in that name.

THE SHORT ANSWER

An insurer medical examination is arranged and paid for by the insurer, and the report goes to the insurer. Attending is usually required, but you are entitled to be accurate rather than agreeable, and the resulting report can be challenged with evidence from those who actually treat you.

What it is for

The stated purpose is an objective assessment. The practical purpose is to obtain a medical opinion the insurer can rely on when deciding whether to fund treatment or continue a benefit.

Some assessors are careful and fair. The structure still means the person examining you was chosen and paid by the party deciding your claim.

How to prepare

Be accurate. Do not exaggerate and do not minimise, which is the more common mistake. People routinely tell an assessor they are managing because that is what they have been telling everyone.

Describe a bad day as well as a good one, and be specific about what you can no longer do rather than describing pain in general terms.

Practical points

Note how long the examination actually lasted. Assessments described as thorough are sometimes very short, and that matters when weighing the report.

Bring a list of your medications and treatment. Ask for a copy of the report, which you are generally entitled to receive.

If the report goes against you

It usually is not the end. A report from an assessor who saw you once carries less weight than consistent evidence from practitioners treating you over months.

That is why continuing treatment and keeping records matters so much.

COMMON QUESTIONS

Questions we get every week

Usually yes. Failing to attend without a good reason can result in a benefit being suspended. If you have concerns, raise them before the appointment rather than skipping it.

Often yes, though the rules vary by assessment type. Ask in advance and get the answer in writing.

Generally yes. You should ask for it, and you should read it.

Written by

Shawn Sidhu, personal injury lawyer

Shawn Sidhu, Lawyer

Called to the bar in British Columbia, 2013

University of British Columbia · University of Birmingham

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